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OLUSEGUN ADEBAYO ONI AND ANOR. V. JOHN OLUKAYODE FAYEMI AND 7 ORS.

(2012) JELR 57085 (CA)

Court of Appeal  •  CA/EK/EPT/M/1/2011  •  27 Feb 2012  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA (Presided and Read the Lead Ruling) UWANI MUSA ABBA-AJI JCA KUDIRAT M. O. KEKERE-EKUN JCA MOHAMMED LADAN TSAMIYA JCA RAPHAEL CHIKWE AGBO JCA

Appearances
Ladi Williams (SAN) (with him, Chief Afolabi Ojuawo, Chief D.A. Fajemila, Olusegun Ilori, Ajido Olayemi, Joseph Ogunsemi, Ojo Oluwayomi, Bunmi Olugbade, Omotayo Oloruntola, Titi Ejiofor, Ola Alonge and Opeyemi Ademuagun) - for the Applicants. -*- -*- John Olusola Beiyeshea (SAN) (with him, B. Onyeabo, R. O. A Balogun, A.S. Akinola and Biodun Ogunleye) - for the 1st - 2nd Respondents. -*- Teju Adigun, Esq. - for the 3rd - 6th Respondents.

Judgement

ABDULLAHI JCA (Delivering the Lead Ruling): This is an application by way of motion on notice praying for the following orders: An order setting aside the judgment of the Court ofAppeal, llorin delivered on 15 October 2010, nullifying the election of the 1st applicant as the Governor of Ekiti State.

An order directing a fresh panel of the Court of Appeal to hear and determine the appeal de novo . An order directing the Honourable Speaker of the Ekiti State House of Assembly to take over the governance of Ekiti State pending the hearing and determination of the appeal.

The application is predicated on seven (7) grounds to wit:

The judgment of the election appeal tribunal was delivered without jurisdiction and in breach of the applicants’ right to fair hearing.

The judgment of the election appeal tribunal is a nullity, having been predetermined and delivered through a panel which has close affinity with the 1st and 2nd respondents. The judgment is compromised and vitiated by reason of t…

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