Supreme Court reserves judgement in Ogun gov’s appeal

The Supreme Court has reserved judgement on the appeal by the Peoples Democratic Party (PDP) and its gubernatorial candidate in the March 18, 2023, governorship election in Ogun State, Ladi Adebutu, against Governor Dapo Abiodun of the All Progressives Congress (APC).

After the hearing of the appeal by Adebutu, the Supreme Court five-member panel of justices led by Justice John Okoro, on Thursday, January 11, reserved judgement for a day that will be convenient for the parties involved.

Adebutu’s appeal is seeking the nullification of the declaration of Abiodun as the winner of the election.

The apex court, however, declined to hear the cross appeals filed by the APC and the independent National Electoral Commission (INEC), insisting that it abides from the outcome of the main appeal filed by Adebutu.

Efforts by the APC’s counsel  to move the cross appeals were refused by the panel as the panel held that the main appeal covers them.

Adebutu 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.

READ ALSO: A’Court dismisses Adebutu’s appeal, affirms Abiodun’s election

The PDP and Adebutu want the Supreme Court to set aside and dismiss the judgement of the Court of Appeal in Lagos, which had, on November 23, 2023, affirmed the decision of the tribunal in upholding Abiodun’s victory.

Two judges of the court dismissed the appeal filed by Adebutu for lacking in merit, while Justice Jane Inyang saw merit in the petition and ordered 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 allegedly manifested during the election.

However, counsel for INEC asked the apex court to dismiss the appeal.

He maintained that both governorship and presidential elections are not determined by margin of lead but by spread of votes, according to Section 179 of the 1999 Constitution.

INEC had declared Abiodun winner of the governorship election after polling 276,298 votes to defeat Adebutu, who garnered 262,383 votes.

The Star