Supreme Court affirms Obaseki as Edo Gov, dismisses Ize-Iyamu’s appeal

• Fixes July 24 for reasons on dismissal of appeal

The Supreme Court on Monday affirmed the election of Governor Godwin Obaseki of Edo State as it upheld the concurrent decisions of the Edo State Election Petition Tribunal and Court of Appeal Benin City Division that he was validly elected.

In a unanimous decision a full panel of the apex court dismissed the appeal filed by Osagie Ize-Iyamu the governorship candidate of the Peoples Democratic Party (PDP) who had challenged the decision of the court of appeal.

Justice Okoro who read the panel lead judgment said the appeal lacked in merit. He said that the apex court will give detail reasons for the judgment on July 24, 2017.

When the matter came up yesterday Yusuf Ali (SAN),counsel to the appellant after adopting his brief urged the court to allow the appeal and grant the prayers of his client.

But counsel to the respondents Adegboyiga Awomolo (SAN) and Lateef Fagbemi (SAN) and Onyechi Ikpeazu (SAN) after adopting their respective briefs urged the court to dismiss the suit.

Following the adoption of briefs by counsel, the panel then stood down the case for an hour to enable the court take a decision on the matter. When the court reconvened, the Chief Justice of Nigeria, Justice Walter Onneghen who headed the panel directed a member of the panel Justice John okoro to deliver the judgment.

Delivering judgement, Justice Okoro held that the appeal lacks merit and as a result is hereby dismissed with no cost attached. He added that the court will give its reason for the decision on July 24.

Ize-Iyamu and the Peoples Democratic Party had in their appeal urged the apex court to upturn the June 9, 2017 judgment of the court that dismissed their appeal for lacking in merit.

It would be recalled that Ize-Iyamu had in the petition accused Obaseki and his party, the All Progressives Congress (APC) of manipulating the election processes.

The PDP candidate had also claimed that the September 28,2016 Edo State election organized by the Independent National Electoral Commission (INEC) was not only marked by corrupt practices but that the commission failed to complied with the relevant provisions of the Electoral Act 2010.

The Court of Appeal in Benin City, Edo State, had dismissed Iyamu’s appeal for lacking in merit, and upheld the decision of the Election Petition Tribunal which in its judgment of April 14, 2017, declared Godwin Obaseki as winner of the September 28, 2016 governorship election.

The court, led by Hon. Justice Dongban-Mensen, ruled that the Justice Ahmed Badamasi-led Tribunal did a pain-staking job in its judgement, and so deserved commendation, adding that the tribunal should be commended for properly evaluating all the witnesses’ evidence and ascribing “probative value” to it.

In the judgment read by Justice M.O. Bolaji Yusuf, the Appeal Court held that the PDP, from the evidence-led, did not prove their case to warrant the nullification of the election or a declaration of Pastor Ize-Iyamu as the winner.

The Independent National Electoral Commission (INEC) had declared Obaseki of the All Progressives Congress (APC) as winner of governorship election haven pulled majority of the votes cast.

Not satisfied with INEC’s declaration, the PDP candidate approached the Election Petition Tribunal, demanding that he be declared the winner instead of the APC candidate who was pronounced by INEC.

In the judgment, the tribunal affirmed the pronouncement of Obaseki winner of the governorship election.

Still not satisfied, Ize-Iyamu filed an appeal at the Court of Appeal with 41 grounds of appeal which was reduced to nine issues for determination