The New Nigeria Peoples Social gathering has appealed the ruling of the Governorship and Home of Meeting Tribunal sitting in Abeokuta, Ogun State, in a petition introduced earlier than it by the social gathering over the omission of its identify on the poll papers used to conduct the 2023 gubernatorial election within the state.
The PUNCH had reported that the Tribunal, on April 15, 2023, dismissed the petition towards the Unbiased Nationwide Electoral Fee as the primary respondent, Dapo Abiodun because the second respondent and the All Progressives Congress because the third respondent on the bottom that the debrief counsel requested for discontinuation and withdrawal of the petition.
NNPP mentioned it was interesting the ruling as a result of the judges that heard the case erred of their judgement.
In its attraction filed on Might 22, 2023 on the go well with No: EPT/OG/GOV/01/2023, the NNPP, by means of its counsel, Isaac Izunya, knowledgeable the Courtroom of Attraction sitting within the Ibadan Judicial Division that it was dissatisfied with the unanimous judgement by the three judges.
Reiterating its place as contained within the petition No. EPT/OG/GOV/01/2023, of April 15, 2023, it averred that: “The realized justices erred in legislation once they unanimously held that by article 27.18 (iii), (v), and (vii) of the structure of New Nigeria Peoples Social gathering (hereinafter referred to as NNPP), the Nationwide Authorized Adviser of NNPP can’t take over the appellant case, temporary one other counsel and debrief the counsel on report, Peter Ogah, from additional representing the social gathering.
“That by Article 27.18 (iii), (v) and (vi) of the structure of NNPP, the Nationwide Authorized Adviser of the social gathering is empowered to take care of all litigations and authorized defence on behalf of the social gathering in any respect ranges, together with its organs and coordinate the actions of authorized advisers in any respect ranges on authorized issues affecting the social gathering.
“That the realized counsel on report, Peter Ogar being engaged to characterize the appellant by an organ/department of the appellant, is by advantage of the structure of the appellant beneath the management and supervision of the nationwide authorized adviser of the appellant.
“That Part 36 of the 1999 Structure (as amended) 2018 offered and recognised the best of the appellant to debrief and temporary one other counsel at any time of the continuing.
“The realized Justices of the tribunal erred in legislation once they allowed realized counsel, Peter Ogar, to efficiently withdraw the appellant’s petition and dismissed identical when the provisions laid down by the Electoral Act, 2022 for the withdrawal of petition has not been complied with.
“Part 30 (1) (a) & (b) of the Electoral Act, 2022 clearly supplies that earlier than depart for withdrawal of an election petition will be granted, every of the events, on this case all of the respondents, shall produce an affidavit stating that no settlement or phrases of any sort has been made and no endeavor has been entered. That the withdrawal of the appellant petition was executed with out the affidavit required by electoral Act.
“The realized Justices of the tribunal erred in legislation once they allowed the realized counsel to maneuver movement for withdrawal of the appellant’s petition regardless of a protest letter of un-authorization of withdrawal of petition dated on the twenty seventh day of April, 2023 and filed on the twenty ninth day of April, 2023 written by the appellant herself by means of the Nationwide authorized adviser.
“That the appellant identify is on the petition and never the lawyer’s identify. That the appellant is the litigant and the particular person whose identify appeared on the method of the courtroom and due to this fact the Chief Govt Officer and driver of her case, who drives and determines what and the way the case ought to proceed.”