Sunday, 5 May 2013

Opinion: My Reaction To Ondo State Gubernatorial Election Tribunal Judgment




By Kayode Ajulo, Esq.

I salute the courage, and industry of the 3-man panel of judges and the erudition of the 5-hour judgment.

The judgment in my humble opinion was not only well researched, it was duly considered as it captured and reflected  all the facts of the cases as presented by the parties.

As a senior lawyer, it is again my humble opinion that the judgment is unassailable and unimpeachable. I do not see how the higher courts can overturn same.

This opinion is premised on the fact that the judgment fully and duly evaluated all the facts presented by the parties, even irrelevant ones, and dealt with them all dispassionately resting on a plethora of legal authorities that have been handed down by the superior courts over the years.

It is the practice of the superior courts NOT to tamper with evaluation of facts by the courts of first instance. Their jurisdiction is as to Law and that alone in this circumstance.

I would therefore like to state that whereas it is the right any aggrieved litigant to exercise his right of appeal, I would want to urge my learned colleagues, Chief Oluwarotimi Akeredolu, SAN and Chief Olusola Oke as officers of the court to exercise restraint by not bringing frivolities into our appellate courts.

The courts are overstretched and overstressed enough and it will be unprofessional for litigants who should know better to present an apparently bad appeal.

If indeed they love their state, Ondo, as they would have us believe, it behooves them to close ranks with the incumbent government and endeavour to move the state forward.

(Ajulo is head of Castle of Law Chamber Abuja, Nigeria.)

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