OTUNBA JUSTUS OLUGBENGA DANIEL & PEOPLES’ DEMOCRATIC PARTY V. SENATOR IBIKUNLE AMOSUN, INDEPENDENT NATIONAL ELECTORAL COMMISSION & THE PRESIDENT, COURT OF APPEAL

CHIDI NWAOMA UWA, J.C.A. (Delivering the Lead Ruling): The matter came to this Court by way of a Constitutional reference pursuant to the provisions of Section 295(2) of the Constitution of the Federal Republic of Nigeria, 1999.

On the 14th day of April, 2007, the Independent National Electoral Commission (INEC), the 2nd defendant conducted the Governorship Elections in various states of the Federation including Ogun State where the plaintiff, Otunba Justus Olugbenga Daniel and the 1st defendant Senator Ibikunle Amosun contested the said Governorship Election on the platforms of the Peoples Democratic Party, PDP and the All Nigerian Peoples Party, ANPP respectively.

After the election, the 2nd defendant declared the 1st plaintiff of the 2nd plaintiff political party the winner and subsequently issued a certificate of return to the 1st plaintiff. The first defendant was aggrieved by the declaration of the 1st plaintiff as the winner of the election by the second defendant. The 1st defe…