Plans have been concluded to file an appeal against the Friday ruling of a Federal High Court nullifying the candidature of Governor Adegboyega Oyetola and his Deputy, Benedict Alabi as the gubernatorial and Deputy gubernatorial candidate of the Osun All Progressives Congress (APC)
Counsel to the Osun State Governor, Ibrahim Lawal, made this known while responding to questions on a radio programme in Osogbo on Monday,
“The action which the Federal High Court pronounced was statue barred as the decision the court was talking about had happened in March as against April when the matter was brought before it.
“The judgment was clear as to the issue of sponsorship and nomination of candidates and one cannot substitute any other ground except as stated in Section 177 of the Constitution of Federal Republic of Nigeria,” he said.
Arguing that the petitioners (PDP) did not file their process until April, clearly 14 days after the time they were supposed to file their matter, Lawal held that the Court shouldn’t have entertained it in the first place.
“These are the issues we brought to court but for reasons best known to the judge, with due respect to the judge of the Federal High Court, they ruled otherwise.
“The reason we have layers of the Court was that when you are dissatisfied with a judgment of Lower Court, you go to another Court, and Electoral Act is very clear, when a matter is at the Court, nothing can be done on it until it gets to a final stage, the status quo remains.
“By the grace of God, we are filing a notice of appeal tomorrow challenging the ruling because the decision taken by the Federal High Court, in the eye of the law is perverse and against the established principle of law that had been laid down by the Supreme Court.
“We are not deterred and it has nothing to do with the issue that is ongoing at the tribunal. What we call judicial precedents are the facts that the sanctity of the laws had settled some cases by higher courts and the lower court cannot go in contrary. When there are established decisions of the superior court, no lower court can go in contrary, any court that does so has committed what we call judicial rascality.
“So, I am very sure that this matter will be set aside by the Court of Appeal.”