Amosun Defeats Daniel; Another Panel To Be Set Up

No Comments » April 2nd, 2009 posted by // Categories: Elections 2007





Amosun Defeats Daniel; Another Panel To Be Set Up

April 02, 2009 15:17 (7 hours ago), 466 views

By Jide Osokoya  &  Gbenro Adeshina

The Court of Appeal sitting in Ibadan, this morning, struck out the petition of governor Gbenga Daniel of Ogun state against the All Nigeria People’s Party (ANPP) gubernatorial candidate in the April, 2007 election, Senator Ibikunle Amosun.

The appellate court ruled that the president of the court of apepal, Justice Umaru Abdullahi, has the right to set up a new panel to hear election petitions in Ogun state. Ruling this morning, Justice Chidi Uwa struck out the petiton filed by Otunba Gbenga Daniel of the Peoples Democratic Party (PDP). She said it is within the jurisdiction of the president of the court of appeal, if he deemed fit, to set up a panel to retry the election petitions for fairness and justice, stressing that the most important thing is for justice to be done.

She ordered that a new panel to look into the electoral petition of Senator Ibikunle Amosun be set up immediately for fresh retrial. Governor Daniel had, in May, 2008, sued the Appeal Court president to a Federal High Court, Abeokuta, Ogun state, seeking an order to restrain him from setting up a new panel to hear Senator Amosun’s petiton. The ruling on the appeal by Daniel against the president of the Court of Appeal and Senator Amosun was stalled on 5 March, 2009, due to the absence of a member of the panel of Justices hearing the appeal.

On 24 February, this year, one of the Justices of the Appeal Court hearing Daniel’s appeal withdrew from the matter. Justice Itsifanus Thomas, who was heading the three-member panel hearing the appeal against the power of the president of the Court of Appeal to constitute a fresh tribunal to hear the petition of Senator Ibikunle Amosun against the election of governor Gbenga Daniel, announced his withdrawal from the case at the resumption of the matter in Ibadan.

He based his decision on the fact that he was a member of the original panel that ordered the petition to be retried by the lower tribunal. He said he was stepping aside for Justice Datijo Mohammed to take over. Counsel to Amosun, Chief Niyi Akintola, had argued that the former panel was biased because its members were being housed and fed by the Ogun State government, a situation, which he said, would not give room for fairness in its judgement.

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