Supreme Court reserves judgement in Ogun guber, affirms Gov. Eno’s election
The Supreme Court on Thursday has reserved its judgement in the governorship election case of Ogun State.
The Peoples Democratic Party (PDP) and its candidate, Ladi Adebutu had filed an appeal to challenge the outcome of the governorship election that held in Ogun State on March 18, 2023.
The appeal is seeking to remove Governor Dapo Abiodun, who contested and was re-elected on the platform of the All Progressives Congress, APC, from office.
A five-member panel of the apex court, led by Justice Inyang Okoro, adjourned to deliver judgement on the electoral dispute after all the parties adopted their final briefs of argument.
The Independent National Electoral Commission, INEC, had declared that Abiodun of the APC polled a total of 276,298 votes to defeat his closest rival, Adebutu of the PDP, who garnered a total of 262,383 votes.
Dissatisfied with the outcome of the poll, Adebutu approached the Ogun State Governorship Election Petitions Tribunal, insisting that he was the valid winner of the gubernatorial contest.
He, among other things, alleged that the election was not conducted in substantial compliance with the provisions of the Electoral Act 2022.
Counsel to the All Progressives Congress (APC), the third respondent in the governorship election case in Ogun State, Mr. Tayo Oyetibo however described the document most relied upon in the Petition filed by the Peoples Democratic Party (PDP) as an orphan and dubious.
Oyetibo, made the remarks at the hearing of the case on Thursday at the Supreme Court in Abuja, citing Section 179 and added that the position of the Lead Counsel to PDP, Chris Uche, SAN, that the Governorship Election of 18th March in the State was wrongly and unlawfully concluded could not be proved by the Counsel.
He further argued that Appellants have been running from the main case that they took to the Tribunal. He added that the substance of the case which the Appellants brought was that the election was inconclusive, leading to a burden on Appellants to prove, which they failed to do.
He explained that Exhibit PT609, which was the mainstay of Appellants’ case, was worthless and that the document did not contain name, title, signature, and date.
Earlier, Chief Uche adopted all briefs as his argument in the appeal and urged the court to allow the appeal and overturn the majority decision of the Court of Appeal. He also adopted his response to the motion raised by INEC.
Meanwhile, Counsel to the second Respondent, Chief Wole Olanipekun, SAN, in his submission, urged the Court to dismiss the appeal, which challenged concurrent decisions of the two lower courts.
He said Appellants ought to have been consistent in presenting their case; and then made allusion to Page 5206 of the Record showing that the Tribunal painstakingly went through the law and evidence and concluded that Appellants had the burden to prove the margin of lead but did not do so.
Also, Counsel to the First Respondent, the Independent National Electoral Commission (INEC) A J Owonikoko, SAN, identified his brief and adopted the same. Owonikoko, thereafter, prayed the Court to dismiss the appeal, as the Supreme Court thereafter reserved judgment on the matter.
…Affirms Governor Eno’s election
Meanwhile, the Apex Court affirmed the election of Governor Umo Eno of Akwa Ibom State.
The Court, in a unanimous decision by a five-member panel of Justices, dismissed three separate appeals that were lodged to challenge Eno’s emergence as the winner of the gubernatorial poll held in the state on March 18, 2023.
The Court dismissed the appeals filed by candidates of the All Progressives Congress, APC, Akanimo Udofia; Young Progressives Party, YPP, Bassey Akpan; and the New Nigeria Peoples Party, NNPP, John Udoedehe.
