*Akeredolu hails apex court over verdict
*Says judgment exposes Jegede’s frivolous petitions
It’s victory to democracy, says Gov Sanwo-Olu
In what can be regarded as a landmark judgment, the Supreme Court, in a split decision of four against three, dismissed the appeal by the candidate of the Peoples Democratic Party (PDP) in the Ondo State governorship election on October 10, 2020, Eyitayo Jegede, SAN.
The apex court on Wednesday upheld the election of Ondo State Governor Rotimi Akeredolu, saying that Akeredolu was duly elected for four years.
While the majority judgment that affirmed Akeredolu’s victory was delivered by Justice Emmanuel Agim, the dissenting minority verdict that upheld Jegede’s appeal was delivered by Justice Mary Peter-Odili who was the head of the panel.
The apex court, in its majority verdict, said it found no reason to set-aside the concurrent judgements of both the Court of Appeal and the Ondo State Governorship Election Petitions Tribunal, which earlier dismissed Jegede and PDP’s case for being incompetent.
Meanwhile, Governor Akeredolu has reacted to the judgement, saying that his election has confirmed the petition filed by Jegede was ‘most frivolous.’
Akeredolu who commended the judiciary for standing by the truth and for not yielding to any influence, said he believed Nigerians could still be proud of the judiciary.
He said, “For me, it is an opportunity again for us to get on board and do more work.
“The glory of this victory of this election petition success is to God Almighty. And I want to thank the legal team that have represented us. We have so many Senior Advocates of Nigeria.
“My advice to Jegede is that this has ended now. Let him come, let us work together, at least for the upliftment of Ondo State.
“I don’t doubt his love for the state. He has served here before as Attorney General for about seven and half years.
“Let him come over, let us work together and work for this state. That is my advice to him. We don’t go any longer to the Privy Council. It has ended here.”
On his part, Lagos State Governor Babajide Sanwo-Olu congratulated Akeredolu, saying the verdict was a proof that the election results announced by INEC were evident that Akeredolu was validly elected by Ondo people.
Sanwo-Olu in a stamen signed by his chief press secretary, Gboyega Akosile, described the Supreme Court verdict as “validation of the people’s mandate.
Governor Sanwo-Olu, who was the Chairman of the All Progressives Congress Committee on the Ondo State Gubernatorial election, also congratulated President Muhammadu Buhari, the National Leadership of the All Progressives Congress, as well as members of the party in Ondo and across the country on the victory.
He said: “As democrats, we must submit ourselves to the tenets of democracy, which include post-election litigation. Today’s judgement has put paid to all insinuations and doubts about the resounding victory of Governor Rotimi Akeredolu.
“I therefore call on all lovers of democracy, especially the people of Ondo State to come together for a continuation of good governance and the developmental process of Ondo, started by Governor Akeredolu from his first term of office.
“On behalf of the people and government of Lagos State, I congratulate my brother, Governor Rotimi Akeredolu, on his victory at the Supreme Court.” Sanwo-Olu said.
Theideal recalls that the Court of Appeal had affirmed the decision of the election petitions tribunal which dismissed the joint petition by Jegede and the PDP lodged against the declaration of Akeredolu of the All Progressives Congress, APC, as the valid winner of the Ondo governorship contest.
Jegede and PDP had in their complaints, challenged the legal validity of Akeredolu’s nomination by the national Caretaker Committee of the APC headed by the Governor of Yobe State, Mai Mal Buni.
The Appellants urged court to determine whether signing of such nomination form by Buni did not amount to a gross violation of the 1999 Constitution (as amended).
They specifically urged the court to determine whether Buni, as a sitting governor of Yobe state, could double as National Chairman of the APC to sign the nomination form of Akeredolu, SAN, for the governorship election.
But the Justice Theresa Orji-Abadua led panel of the appellate court dismissed their case which it said only succeeded in part.
Though the appellate court acknowledged that the issue raised by the Appellants had constitutional implication, it, however, held that non joinder of Buni as a party in the matter, proved fatal to Jegede’s case.
The appellate court therefore declined to set-aside the decision of the election tribunal, which held that the issue of Buni signing Akeredolu’s nomination form, was an internal affairs of the APC.
Dissatisfied with the verdict, Jegede and PDP, through their lawyer, Dr Onyechi Ikpeazu, SAN, approached the Supreme Court, urging it to determine whether it was a matter of necessity to join the Chairman, APC National Caretaker Committee and Governor of Yobe State, Buni, in the petition he lodged against Akeredolu’s candidature, in spite of immunity provided for governors in Section 308 of the 1999 constitution.
On his part, Akeredolu, apart from seeking the dismissal of the appeal, also filed his own Cross-Appeal.
He contended that Jegede’s petition was statute barred, insisting that it was filed outside the 14 days period as stipulated by the Constitution.
