The Appeal Court sitting in Ado Ekiti on Monday dismissed the application brought before it by former Gov.? Segun Oni seeking a review of the judgment that ousted him from office.
The Court of Appeal sitting in Ilorin had on Oct. 15,? 2010 sacked Oni and returned Gov.? Kayode Fayemi as the validly elected governor of Ekiti State.
The five-member panel that presided on the case then had Justice Isa Ayo Salami as Chairman.
The panel that presided over the new case, however, had Justice Tijani Abdullahi as Chairman while Justice Musa Abba-Aji, Justice M.O. Kekere-Ekun, Justice Ismaya Mohammed and Justice R.C. Agbo were members.
?At the resumed hearing on Monday, Mr Ladi Williams (SAN) represented Oni and the PDP while Mr John Baiyeshea (SAN) appeared for? Fayemi and the ACN .
The former governor in his application filed on March 14, 2011 at the Court of Appeal, Ado Ekiti, sought an order setting aside the Oct 15, 2010 judgment delivered by the Court of Appeal in Ilorin.
It also sought an order compelling the President of the Court of Appeal to set up a new panel to start the case‘’de novo.’’
The application further sought an order directing the Speaker of the State House of Assembly to act as governor pending the determination of the case.
Delivering his brief ruling on the case at about 3.25 p.m, Abdullahi said the only issues for determination were whether or not the court can set aside the judgment and order a fresh trial and whether it had jurisdiction to entertain the case.
Describing the application as lacking in merit, Abdullahi dismissed it, saying: “If there is any case of bias, Oni and PDP ought to have raised their objection against it at the trial Appeal Court in Ilorin.’’
He said? the court could only reverse itself? if it was? misled to deliver a ruling, if a judgment was? given in the absence of jurisdiction, if the case was? a nullity or obnoxious and? if the court was? misled to accept certain facts or evidences.
While Baiyeshea and the State Chairman of ACN, Chief Jide Awe, lauded the judgment, Williams said his client would head to the Supreme Court.
When the judgment was delivered, members of the ACN, who were within the vicinity of the court, immediately began celebration.
The court’s?? premises became charged, forcing policemen and State Security Service personnel to cordon off Basiri-Fajuyi road close to the court while teargas was used to disperse the crowd.
Earlier before the court session, ACN members had converged at the Fajuyi Park roundabout and engaged in?? altercation with members of the PDP who were at the Basiri end of the court’s premises.
Policemen and SSS operatives led by the State Commissioner of Police, Mr Olayinka Balogun and the Director of SSS, Mr Samuel Tamuno respectively stationed their men in-between the two parties to forestall breakdown of law and order.
More than 20 police trucks and an Armoured Personnel Carrier were stationed at the court’s gate.
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