Supreme Court sitting in Abuja has reserved judgment on the appeal by the Peoples Democratic Party (PDP) and it’s candidate in the March 18, 2023 governorship election, Ladi Adebutu.
Adebutu is seeking the nullification of declaration of Dapo Abiodun as winner of the election, citing several irregularities and alleged violation of the Electoral Act, 2022.
At the hearing of Adebutu’s appeal, a five-man panel led by Justice John Inyang Okoro, declined hearing the cross appeals filed by the APC and the Independent National Electoral Commission (INEC).
Effort by Chief Wole Olanipekun, SAN, to move the cross appeals was refused by the panel as the panel held that the main appeal covers it.
PDP and Adebutu want the Supreme Court to set aside and dismiss the majority judgement of the Court of Appeal, Lagos, which had on November 23, affirmed the decision of the Tribunal in upholding Adiodun’s victory.
Recall that two Judges of the court below had dismissed the appeal filed by Adebutu for lacking in merit, while Justice Jane Esienanwan Inyang saw merit in the petition and sacked Governor Abiodun.
She also ordered the INEC to withdraw the certificate of return presented to Abiodun and conduct fresh election in 99 polling units where elections were disrupted.
In adopting his brief of arguments, Chris Uche SAN, counsel for the appellants said INEC ought to have conducted fresh elections in 99 polling units where elections were cancelled and not declared a winner.
He said the return of the governor by INEC was unlawful and the election was wrongly concluded because corrupt practices were allegedly manifest during the March 18, governorship poll.
Abiodun Owonikoko, counsel for the first respondent (INEC), asked the apex court to dismiss the appeal.
He maintained that governorship and presidential election is not determined by margin of lead but by spread of votes, according to Section 179 of the 1999 Constitution.
Wole Olanipekun, counsel for second respondent, urged the apex court to dismiss the appeal which challenges concurrent decisions of the two lower courts.
INEC had declared Abiodun winner of the governorship election after polling 276,298 votes to defeat his closest rival, Adebutu, who polled 262, 383 votes.
