The Court of Appeal sitting in Akure, Ondo State has dismissed the application of Peoples Democratic Party (PDP) and its candidate for Akoko Southwest Constituency II, Abiodun Ogunbi seeking to set aside the final Judgment on its petition.
The Court had earlier dismissed the petition filed by the PDP and Ogunbi.
The All Progressives Congress (APC)’s Counsel, Charles Titiloye had challenged the Jurisdiction of the Court of Appeal to hear the said application after delivering its final judgment in the petition.
He further argued that Appeal Court ceased to have Jurisdiction over the appeal after the expiration of 60 days within which it can hear the appeal under section 285(7) of the constitution.
The PDP’s Candidate in Akoko Southwest Constituency, Ogunbi had approached the Court of Appeal to set aside its final judgment dismissing their petition.
On September 22, the Court dismissed Ogunbi’s petition and affirmed the election of Felemu Gudu Bankole of the APC as the winner of Ondo state House of Assembly Election for Akoko South West Constituency.
At the hearing of the application Tuesday, the Appeal Court upheld Titiloye’s objection on behalf of APC and held that having delivered a final Judgment in the said petition, the Court is ‘funtus officio’ and has no jurisdiction to entertain the PDP application to set aside its Judgement.