PDP Oyo South Senatorial Ticket: Appeal Court Dismisses Gbolarunmi’s Case
It has been brought to our notice that some unscrupulous elements and pathological liars are going about confusing the good people of Oyo State and Oyo south senatorial district in particular with falsehood over the outcome of the Appeal court that has been won by Senator Kola Balogun. They are fabricating lies and false claims of victory at the court to keep their followers in perpetual delusion and false hope.
To put the records straight, Mr. Gbolarunmi’s case has been dismissed again by the appeal court. Recall that the case brought before the election tribunal also suffered the same fate, it is believed that the double defeat is such bitter pill to swallow which is why they have resorted to peddling of sheer falsehood to cover their shame.
Our people must remember that these people were rejected at the pools for their lies, among other vices and the leopard doesn’t change its skin. That’s the same way they tried to scare people off the streets after Engr Seyi Makinde won the governorship election by spreading fake and pernicious news of assassination of some popular figures in Ibadan, thereby dampening the excitement of the victory. This is not an exception to their character but we want our people to be fully aware of their antics just like the Bible says we should not be ignorant of the devices of the devil, the father of all lies. The true position of the case is stated below:
In determining the appeal, the court of appeal adopted the two issues formulated by the appellant.
On issue two, by virtue of the notice of preliminary objection filed by the 3rd respondent attacking that issue having not been formulated from any of the grounds of appeal, the court of appeal held that issue two of the appellant’s brief of argument, having not been formulated from any of the grounds of appeal is imcompetent and thus struck out. Similarly grounds 6 and 7 of the notice of appeal are deemed abandoned by virtue of the above.
On the issue of section 15 of the court of appeal Act canvassed by the appellant to hear the case on the merit, the court of appeal held that there is no ground of appeal touching on the issue of the merits of the case at the trial court.
On the day the briefs of argument were adopted, the 2nd Respondent (INEC) was not in court and her brief of argument was not in the court’s file so judgment was decided without her brief of argument.
On issue 1 raised by the appellant that the matter was not statute barred before the action was instituted, the court of appeal held that the cause of action accrued on the 17th of November since that was the day INEC received the letter dated 16th of Nov written by PDP as admitting to hearing rumours or news on the radio about the substitution on the 16th of Nov by the appellant is immaterial at that stage and as such issue 1 is resolved in favour of the appellant.
The decision of the lower court is hereby set aside.
However, the matter been a pre-election matter and time stipulated by the CFRN 1999 as amended has lapsed, the suit is hereby STRUCK OUT.
Therefore, we want the good people of Oyo State to disregard their lies aimed at misleading unsuspecting members of the public as the court of Appeal upholds the judgment of the Tribunal that strikes out Gbolarunmi’s case.