The Supreme Court has reserved judgement in the appeal by the Peoples Democratic Party (PDP) and its candidate in the March 18, governorship election, Ladi Adebutu.
In the appeal, Adebutu is seeking the nullification of the declaration of Dapo Abiodun as the 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 issues of non-qualification.
At the hearing of Adebutu’s appeal, the apex court 5-man panel led by Justice John Inyang Okoro declined hearing the cross-appeals filed by the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), insisting that it abides from the outcome of the main appeal filed by Adebutu.
Specifically, PDP and Adebutu want the Supreme Court to set aside and dismiss the judgement of the Court of Appeal, Lagos, which 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 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 the presidential elections are not determined by a margin of lead but by the spread of votes, according to Section 179 of the 1999 Constitution.
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