The Supreme Court , on Friday, upheld the election of Dapo Abiodun as duly elected Ogun State Governor.
A five-member panel of the Supreme Court, headed by a Justice of Supreme Court (JSC), Justice John Okoro, held that the Peoples Democratic Party (PDP) and its governorship candidate, Ladi Adebutu, failed to prove allegations of non-compliance with the Electoral Act during the conduct of the 18 March poll.
JSC Tijjani Abubakar, who read the lead judgment, said, “This appeal is unmeritorious and ought to be dismissed and it is hereby dismissed. The judgement of the Court is hereby affirmed.
Upholding the argument of the lead lawyer to Governor Abiodun, Chief Wole Olanipekun (SAN), JSC Abubakar further held that Dapo Abiodun was duly re-elected as Ogun State Governor in March 2023 governorship poll on the platform of the All Progressives Congress (APC).
It is instructive to note that the Independent National Electoral Commission (INEC) had declared Abiodun as winner of the election, having polled 276,298 votes to beat his closest rival, Adebutu, who scored 262,383 votes.
But Adebutu faulted the outcome of the governorship poll and filed a petition before the Ogun State Governorship Election Petitions Tribunal in Abeokuta to challenge the result.
Adebutu also alleged that the election was not conducted in substantial compliance with the provisions of the Electoral Act 2022.
The PDP candidate also alleged that the election was marred by irregularities and corrupt practices, noting that over 40,000 voters from his strongholds were disenfranchised due to violence.
He also claimed that he secured the highest number of valid votes cast at the election and, therefore, ought to have been declared the winner by INEC.
But Justice Hamidu Kunaza-led three-member tribunal, dismissed Adebutu’s petition and affirmed Abiodun’s election.
Dissatisfied, Adebutu approached the Court of Appeal for redress, asking the appellate court to set aside of the verdict of the tribunal.
In the majority judgement of its three-member panel that was delivered by Joseph Ikyegh, the Court of Appeal said there was no reason to overturn the judgement of the tribunal.
But in her dissenting minority verdict, Justice Jane Inyang directed 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.
At the hearing of the appeals in the Supreme Court, INEC said the governorship and presidential elections were not determined by a margin of lead but by the spread of votes in pursuance of the provision of section 179 of the 1999 Constitution (as amended).
Governor Abiodun’s lawyer, Chief Wole Olanipekun (SAN), also urged the apex court to dismiss the appeal.
The Senior Advocate further urged the apex court to uphold Abiodun’s victory as the validly elected Ogun State Governor.
