EYITAYO OLAYINKA JEGEDE & PEOPLES DEMOCRATIC PARTY (PDP) V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC), ALL PROGRESSIVE CONGRESS (APC), OLUWAROTIMI ODUNAYO AKEREDOLU & HON. ORIMISAN AIYEDATIWA
(2021) JELR 109169 (SC)
Supreme Court
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SC.448/2021
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28 Jul 2021
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Nigeria
Coram
Mary Ukaego Peter-Odili, JSC
John Inyang Okoro, JSC
Ejembi Eko, JSC
Mohammed Lawal Garba, JSC
Ibrahim Mohammed Musa Saulawa, JSC
Tijjani Abubakar, JSC
Emmanuel Akomaye Agim, JSC
Appearances
DR. ONYECHI IKPEAZU, SAN, CHIEF IFEDAYO ADEDIPE, SAN; A. T. KEHINDE, SAN; OLUSEGUN JOLAWO, SAN AND B. A. AWOSIKA, SAN For the Appellants;
CHIEF CHARLES UMENSUYI EDOSOMWAN, SAN, IBRAHIM K. BAWA, SAN, WITH THEM, CHIEF CHRIS ONWUGBONU, SARAFA YUSUFF, ESQ., AND O. T. EJEH, ESQ FOR THE 1ST RESPONDENT/CROSS-APPELLANT;
PRINCE LATEEF O. FAEBERNI, SAN, CHIEF O. AFOLABI, SAN; OLUSOLA OKE, SAN; ABDULKADIR AJANA, SAN WITH THEM OMOSANYA A. POPOOLA, ESQ. FOR THE 2ND RESPONDENT/CROSS-APPELLANT;
CHIEF AKIN OLUJINMI, SAN, CHIEF ADENIYI AKINTOLA, SAN; REMI OLATUBORA, SAN; WITH THEM, YINKA OROKOTA ESQ., AND OLUMIDE OLUJINMI ESQ. FOR THE 3RD AND 4TH RESPONDENTS/CROSS APPELLANTS.
Judgement
EMMANUEL AKOMAYE AGIM, J.S.C. (Delivering the Leading Judgment): The general election of Governor of Ondo State was held on 10-10-2020. The 1st appellant contested the election as candidate of the 2nd appellant for the office of Governor. The 3rd and 4th respondents contested the election as candidates of the 2nd respondent for the offices of Governor and Deputy Governor respectively. The 2nd, 3rd and 4th respondents scored the majority of the lawful votes cast at the election and having been duly elected as prescribed in S. 179(2) of the Constitution of the Federal Republic of Nigeria 1999 (1999 Constitution) was declared and returned as winner of the election by the 1st respondent. The results of the election show that the appellants won the election in 3 of the 18 Local Government areas of Ondo State. The 2nd, 3rd and 4th won the election in the remaining 15 Local Government Areas.
The appellants herein did not agree with the result of the election declared by the 1st respondent.
On …
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