The Supreme Court upheld the re-election of Governor Dapo Abiodun of Ogun State on Friday.
The apex court, in a unanimous decision by a five-member panel, dismissed an appeal the Peoples Democratic Party (PDP) and its governorship candidate, Ladi Adebutu, filed to challenge the outcome of the gubernatorial election held in the state on March 18, 2023, as lacking in merit.
In its lead judgment prepared by Justice Tijjani Abubakar, the Supreme Court said it found no reason to nullify the election victory of Governor Abiodun, who was the candidate of the All Progressives Congress (APC).
The apex court upheld the earlier ruling of the Court of Appeal, which on November 22, 2023, dismissed the case the PDP and its candidate filed against the election.
“This appeal is unmeritorious, and it is accordingly dismissed,” the court held.
The Independent National Electoral Commission (INEC) had declared that Governor Abiodun garnered a total of 276,298 votes to defeat his closest rival, Adebutu of the PDP, who polled a total of 262,383 votes.
Dissatisfied with the outcome of the election, Adebutu approached the Ogun State Governorship Election Petitions Tribunal, insisting that he was the valid winner of the governorship poll.
Adebutu, among other things, alleged that the poll was not conducted in substantial compliance with the provisions of the Electoral Act 2022.
Aside from alleging that the election was marred by irregularities and corrupt practices, he alleged that over 40,000 voters from his strongholds were prevented from voting due to violence.
He told the tribunal that he secured the highest number of valid votes cast at the poll and therefore ought to have been announced the rightful winner by the electoral commission.
However, Justice Hamidu Kunaza, who led a three-man tribunal that affirmed Abiodun as the bona fide winner of the election, dismissed Adebutu’s petition.
Likewise, the Lagos Division of the Court of Appeal, on November 24, 2023, in a split judgment of two to three, upheld the decision of the tribunal.
While the Court of Appeal, in its majority verdict that was delivered by Justice Joseph Ikyegh, found no reason to overturn the judgment of the tribunal, in her minority ruling, Justice Jane Inyang directed INEC to withdraw the Certificate of Return it issued Abiodun and, within 90 days, conduct a fresh election in some polling units in the state.
Whereas Adebutu approached the apex court to challenge the appellate court’s majority judgment, Governor Abiodun lodged a cross-appeal to set aside the minority ruling that ordered the fresh election.
INEC equally filed a cross-appeal, praying to the Supreme Court to uphold the result of the election that it announced.
