The Supreme Court on Thursday reserved judgment on the appeal by the Peoples Democratic Party (PDP) and it’s candidate in the March 18, governorship election, Ladi Adebutu.
Adebutu’s appeal is seeking the nullification of declaration of Dapo Abiodun as winner of the election.
Specifically, he is challenging Abiodun’s re-election on the ground that the Electoral Act, 2022 was not adhered to, citing corrupt practices and issue of non-qualification.
At the hearing of Adebutu’s appeal, the apex court five-man panel led by Justice John Inyang Okoro, declined hearing the cross appeals filed by the APC and the Independent National Electoral Commission, insisting that it abides from the outcome of the main appeal filed by Adebutu.
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.
Specifically, PDP and Adebutu want the Supreme Court to set aside and dismiss the 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 thereby ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return presented to Abiodun and conduct another 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.
