S'Court refuses to hear Abiodun's cross appeal, reserves judgment on Adebutu's main appeal

By Andrew Orolua

The Supreme Court on Thursday reserved judgment on the appeal brought by the Peoples Democratic Party (PDP) and it’s candidate Ladi Adebutu challenging the election victory of Gov Dapo Abiodun in the March 18, governorship election in Ogun State.

Adebutu’s appeal is seeking the nullification of declaration of Dapo Abiodutu by the Independent National Electoral Commission (INEC) as winner of the election.

He is specifically 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.

At the hearing of Adebutu’s appeal, the apex court 5-man panel led by Justice John Inyang Okoro, declined to hear the cross appeals filed by the APC and INEC who filed separate cross appeals on the disputed election. Justice Okoro insisted that the court decision on the main appeal filed by Adebutu will abides the cross appeals.

Effort by Chief Wole Olanipekun SAN to move the cross appeals was refused by the panel as the panel held that the main appeal covers the grounds.

Specifically, PDP and Adebutu want the Supreme Court to set aside and dismiss the judgement of the Court of Appeal, Lagos, which had 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 Independent National Electoral Commission (INEC) to withdraw the certificate of return issued 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 to have 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 presidential election is not determined by margin of lead but by spread of votes, according to Section 179 of the 1999 Constitution.

Wole Olanipekun, counsel for second respondent, urged the apex court to dismiss the appeal which challenges concurrent decisions of the two lower courts.

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