Oyo: Legal ICON, Barrister Bayo Lawal breaks down the appeal court judgement

Oyo: Legal ICON, Barrister Bayo Lawal breaks down the appeal court judgement 

Former ADC senatorial candidate in the 2019 general election, Barrister Bayo Lawal has reacted to the judgement of tribunal which set media ablaze on Tuesday. 

The legal luminary in a statement made available to Mouthpiece NG argued that a petition which is not predicated on known grounds is liable for dismissal without much ado. And also, the current state of the law is to the effect that largely judgements on elections must be based or founded on actual conduct of that particular election. There must be no extraneous considerations. 

The statement reads: 

I take the liberty of today’s success at the Court of Appeal to congratulate Engineer Oluseyi Makinde, the performing Gov of Oyo State. It should be set out from the beginning that Oyo State indigenes must not feel worried over the manner of the judgement delivery. It was not unusual especially in election judgements either Tribunal or Appellate Court. The reasons for this are simple. The conduct of elections, announcement and declaration of results are codified and embodied in the Electoral Act. 

So also disputes arising from the elections. It must be emphasized that the first leg (i.e) Conduct of Election was convincngly resolved in favour of Eng Makinde by the people of Oyo state on the 9th of March 2019. That success was overwhelming that though it was challenged, the Tribunal unanimously dismissed the petition By setion 138 of the Electoral Act 2010 as amended, only four grounds are stated upon which an election can be questioned. 

In summary, that the person whose election is questioned was not qualified, that the election was invalid by reason of non compliance with the Act, that the respondent (Makinde) was not duly elected by majority of lawful votes cast at the election, and that the petitioner was validly nominated but wrongfully excluded of the four grounds listed above, the appellant feebly fought on grounds 3&4.

Hence, the dismissal of the petition at the Tribunal level. Again, let me reiterate that a petition which is not predicated on known grounds is liable for dismissal without much ado. And also, the current state of the law is to the effect that largely judgements on elections must be based or founded on actual conduct of that particular election. There must be no extraneous considerations. 

Accordingly, both the Tribunal and Court of Appeal are circumscribed by the Electoral Act provisions. It is in this regard that petitions are regarded as sui generis. Without being availed of the precise decisions of the Court of Appeal Ibadan Division, it is safe to assure our people that the judgement was totally in favour of Eng Makinde.

From what I gathered, the Court of Appeal decided that it could neither order for retrial nor rerun. That was a sound judgement. Retrial of the petition was not available to the Court on account of effluxion of 180days provided by the Constitution within which the Tribunal must hear and determine the petition. That period had lapsed to Makinde advantage.

The allegations of breach of Fair Hearing which the Court sustained has nothing to do with the respondent (Makinde).It was allegation against the Tribunal.Were this to be ordinary civil or criminal matter,a retrial order would suffice.A las, this is election matter.

As I said earlier, it is sui generis. Retrial could not be possible because the Tribunal is already funtus Officio. Now, the Court also decided that it could not order for a rerun of the election because no convincing case was made by the appellant.In sum, the Appeal was dismissed.Let no one mislead the public about the judgement. For as long as Makinde remained the Gov, the Court had confirmed sacrosanct of the mandate freely given to him on the 9th of March. May I therefore heartily congratulate Gov Oluseyi Makinde on the occasion of his success at the Court.

Your laudable policies and steps being taken in that regard are legendary and worthy of commendation. I know that the good people of Oyo state are appreciative of your efforts in area of education development in particular.

Your efforts in health care delivery, road and agricultural development are also noticed. Your bold undertaking to rework Ijaye to Iseyin road, which was criminally neglected speaks volumes about you.Thank you Gov Oluseyi Makinde.

From Barr Bayo Lawal (Aare Bamofin of Kishi Land)