Wednesday, August 28, 2013

supreme court: Gov MIMIKO KNOWS FATE TOMORROW


The Supreme Court yesterday fixed Thursday August 29, for judgment in the appeals filed by both the Action Congress of Nigeria (ACN) and its flag bearer, Oluwarotimi Akeredolu  and the People’s Democratic Party (PDP) and its candidate, Olusola Oke challenging the judgment of the Court of Appeal which upheld the victory of Governor Olusegun Mimiko in the Ondo state guber elections.
A full panel of the apex court headed by Justice Walter Onoghen also struck out the name of the second appellant in the first appeal, ACN having merged with other parties to form All Progressive Congress (APC).
The court fixed Thursday for judgment after listening to arguments of all parties in the two suits.
Counsel to Mimiko, Wole Olanipekun after announcing his appearance had urged the court to take judicial notice of the fact that the second appellant in the first appeal, ACN is no longer in existence as it has merged to form another party which he said was not before the court.
Counsel to Akeredolu, Wole Aina urged the court to refuse taking judicial notice that ACN is no longer in existence since there is no evidence before the court to prove this but on the alternative moved an application to substitute the name ACN for APC.
Counsel to Labour Party, Yusuf Ali SAN submitted that the court can take judicial notice of a notorious fact like that of the instant case adding that no one of school age will say he is not aware of the death of ACN as being merged into APC.
After listening to the submissions of all parties, the court stood the matter down for ruling.
In its ruling, the apex court held that it was the duty of the second appellant to inform the court of the merger of ACN into APC.

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