Supreme Court Upholds Election Of Gov Abiodun Of Ogun State

The Supreme Court on Friday affirmed the election of Dapo Abiodun of the All Progressives Congress (APC) as the governor of Ogun state.

The Peoples Democratic Party (PDP) and its candidate, Ladi Adebutu had filed an appeal to challenge the outcome of the March 18, 2023 governorship election held in Ogun State.

Delivering the unanimous judgment of a five-member panel of Justices of the apex court, Justice Tijjani Abubakar dismissed the case of Adebutu and his party for lacking merit.

“I have carefully considered all the issues canvassed by the appellants, in the end, I found that this appeal is un-meritorious and ought to be dismissed, it is hereby dismissed,” Justice Abubakar held.

The five-member panel of Justices of the Court, led by John Inyang Okoro then affirmed the judgement of the Court of Appeal delivered in November last year, which affirmed Abiodun as the validly elected governor of Ogun state.

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 scored a total of 262,383 votes.

Dissatisfied with the outcome of the election, Adebutu approached the Ogun State Governorship Election Petition Tribunal, seeking the nullification of Abiodun’s election, insisting that he was the valid winner of the governorship election.

He alleged among other things that the election was not conducted in substantial compliance with the provisions of the Electoral Act, 2022.

Aside from alleging that the election was marred by irregularities and corrupt practices, Adebutu alleged that over 40,000 voters from his strongholds were disenfranchised due to violence.

He told the tribunal that he secured the highest number of valid votes cast at the election and therefore ought to have been declared the winner by INEC.

However, Adebutu’s petition was dismissed by Justice Hamidu Kunaza-led three-member tribunal, which affirmed Abiodun as the bona fide winner of the election.

The Court of Appeal, Lagos Division on November 24, 2023, in a split judgement of two to three upheld the decision of the tribunal.

While the appellate court, in its majority decision that was delivered by Justice Joseph Ikyegh, found no reason to dislodge the judgement of the tribunal, in her minority judgment, Justice Jane Inyang directed the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return it issued to Abiodun and, within 90 days, conduct a fresh election in some polling units in the state.

While Adebutu approached the Supreme Court to challenge the majority judgement of the appellate court, Governor Abiodun the other hand, filed a cross-appeal to set aside the minority judgment that ordered the fresh election.

INEC equally filed a cross-appeal, praying the Supreme Court to validate the result of the election that it earlier announced.

When the matter came up for hearing last week, the apex court panel held that all the cross-appeals would abide by its decision in the main appeal that was filed by Adebutu.

Meanwhile, while adopting his brief of argument, Adebutu’s lawyer, Chief Chris Uche (SAN) told the apex court that INEC was ordered to conduct a fresh poll in 99 polling units where results were either cancelled or the election did not hold at all.

He argued that in view of the number of units affected by the order for a fresh election, it was wrong for INEC to declare and return Abiodun of the APC as the winner of the gubernatorial contest.

On its part, INEC, through its team of lawyers led by Mr. Abiodun Owonikoko (SAN) urged the apex court to dismiss Adebutu’s appeal for lacking in merit.

INEC’s lawyer maintained that governorship and presidential elections were not determined by margin of lead but by the spread of votes, in line with the provision of Section 179 of the 1999 Constitution, as amended.

Likewise, Governor Dapo Abiodun’s counsel, Chief Wole Olanipekun (SAN) urged the apex court to dismiss the appeal and affirm the return of his client as the authentic winner of the election.