The New Nigeria Peoples Party has appealed the Governorship and House of Assembly Tribunal in Abeokuta, Ogun State, judgement that its name was omitted off the ballot papers used in the 2023 gubernatorial election.
The Tribunal dismissed the petition against the Independent National Electoral Commission, Dapo Abiodun, and the All Progressives Congress on April 15, 2023, because the debrief counsel requested discontinuation and withdrawal of the petition.
NNPP appealed because the judges made mistakes.
The NNPP, represented by Isaac Izunya, appealed to the Court of Appeal in the Ibadan Judicial Division on May 22, 2023, expressing its dissatisfaction with the three judges’ unanimous verdict.
In the petition No. EPT/OG/GOV/01/2023, dated April 15, 2023, it stated: “The learned justices erred in law when they unanimously held that by article 27.18 (iii), (v), and (vii) of the constitution of New Nigeria Peoples Party (hereinafter called NNPP), the National Legal Adviser of NNPP cannot take over the appellant case, brief another counsel, and debrief the counsel on record, Peter Ogah, from further representing the party.
“That by Article 27.18 (iii), (v), and (vi) of the NNPP constitution, the National Legal Adviser is empowered to attend to all litigations and legal defence on behalf of the party at all levels, including its organs, and coordinate the activities of legal advisers at all levels on legal matters affecting the party.
“That the learned counsel on record, Peter Ogar, being engaged to represent the appellant by an organ/branch of the appellant, is by virtue of the constitution of the appellant under the control and supervision of the national legal adviser.
That Section 36 of the 1999 Constitution (as amended) 2018 granted the appellant the right to debrief and brief another counsel at any point.
“The learned Justices of the tribunal erred in law when they allowed learned counsel, Peter Ogar, to successfully withdraw the appellant’s petition and dismiss same when the Electoral Act, 2022 for petition withdrawal has not been complied with.
“Section 30 (1) (a) & (b) of the Electoral Act, 2022 clearly provides that before leave for withdrawal of an election petition can be granted, each party, in this case all respondents, shall produce an affidavit stating that no agreement or terms of any kind has been made and no undertaking has been entered. The appellant petition was withdrawn without the electoral Act-required affidavit.
“The learned Justices of the tribunal erred in law when they allowed the learned counsel to move motion for withdrawal of the appellant’s petition despite a protest letter of un-authorization of petition dated on the 27th day of April, 2023 and filed on the 29th day of April, 2023 written by the appellant herself through the National legal adviser.
“That the petition lists the appellant, not the lawyer.” That the appellant is the litigant, the person whose name appeared on the court procedure, and therefore the Chief Executive Officer and driver of her case, who drives and determines what and how the case should proceed.”
