HON. OLEMIJA STEPHEN FRIDAY & ORS V. THE GOVERNOR OF ONDO STATE & ANOR

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Ondo State, Akure Judicial Division delivered on 24/6/09.

The Appellants herein were elected Chairmen of 18 Local Government Councils in Ondo State on 15/12/07. They took their respective Oaths of Office on 17/12/07. The term of office was for three years to expire on the 17/12/2010. Dr. Olusegun Agagu the erstwhile Governor of Ondo State swore them into office. On 14/4/07 elections were held into the office of the Governor of Ondo State. Dr. Agagu was returned elected by the Independent National Electoral Commission (INEC). Dissatisfied with the declaration, Dr. Olusegun Mimiko, one of the contestants filed a petition before the Governorship/Legislative Election Tribunal sitting in Akure seeking the nullification of Dr. Agagu's return and a declaration that he is the Governor of the State. On 25/7/08, the Election Tribunal delivered j…