BREAKING: Supreme Court Takes Action On Suit Against Gov Abiodun
The Supreme Court has taken a decision on the suit seeking to sack Governor Dapo Abiodun of Ogun State.
The Supreme Court in its update deferred judgment on the appeal brought by the Peoples Democratic Party (PDP) and its candidate, Ladi Adebutu, challenging the victory of Governor Abiodun in the March 18, 2023 governorship election.
Following the presentation of Adebutu’s appeal, the five-member panel of justices, headed by Justice John Okoro, opted to reserve judgment for a later date convenient for all parties involved.
Adebutu’s appeal seeks to overturn the declaration of Abiodun as the winner of the election. However, the Supreme Court declined to address cross-appeals filed by the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), asserting that these would be dependent on the outcome of Adebutu’s primary appeal.
Efforts by the APC’s counsel to proceed with the cross-appeals were rebuffed by the panel, which emphasized that the main appeal encompassed these issues.
Adebutu’s challenge to Abiodun’s re-election centers on alleged violations of the Electoral Act, 2022, citing corrupt practices and concerns about non-qualification.
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The PDP and Adebutu are urging the Supreme Court to annul and dismiss the Court of Appeal, Lagos judgment, which on November 23, 2023, upheld the Tribunal’s decision affirming Abiodun’s victory.
While two judges dismissed Adebutu’s appeal for lack of merit, Justice Jane Inyang recognized merit in the petition, directing INEC to withdraw the certificate of return from Abiodun and conduct a fresh election in 99 polling units where elections were disrupted.
In presenting his arguments, Chris Uche SAN, counsel for the appellants, contended that INEC should have conducted new elections in the affected polling units rather than declaring a winner. He argued that the return of the governor by INEC was unlawful, and the election was wrongly concluded due to alleged corrupt practices during the March 18, 2023 governorship poll.
Contrarily, counsel for INEC urged the Supreme Court to dismiss the appeal, emphasizing that both governorship and presidential elections are determined by the spread of votes, not just the margin of lead, according to Section 179 of the 1999 Constitution. INEC had declared Abiodun the winner of the election with 276,298 votes against Adebutu’s 262,383 votes.
