Breaking: Supreme Court reserves judgement in Ogun gov election appeal
The Supreme Court has reserved judgment in the Ogun State governorship election appeal for a later date.
The Supreme Court panel led by Justice Inyang Okoro reserved the judgment after the parties adopted their briefs of argument on Thursday.
Recall that on November, the court of appeal in Lagos affirmed the victory of Dapo Abiodun, governor of Ogun, in the March 18 election. The appellate court, in a split decision, on November 24 dismissed the petition filed by Ladi Adebutu, governorship candidate of the Peoples Democratic Party (PDP), in the election.
Also, in September 2023, the Ogun governorship election petition tribunal upheld the victory of Abiodun at the poll.
In the Ogun State Gubernatorial Election Petition matter between LADI ADEBUTU/ PDP
Vs DAPO ABIODUN / APC holding at the Supreme Court Abuja today.
Court Sits.
Coram Okoro, Saulawa, Garba, Jauro, and Agim JJSC
Court will only take the main appeal.
The Cross-Appeal will be subsumed in and abide the decision of the main appeal.
Appearances
Chief Chris Uche SAN, Eyitato Jegede SAN,
Ahmed Raji SAN andGordy Uche SAN, with their friend of the outer Bar, Olumuyiwa Obanewa for the Appellants.
A J Owonikoko SAN, and Dr Remi Peter Olatubora SAN of the Inner Bar and their friends of the Outer Bar T V Olonimoyo, and Chiamaka I Uwuamanam and David O Alao for the 1st Respondent
Chief Wole Olanipekun SAN, Prof Taiwo Osipitan SAN, Kehinde Ogunwumiju SAN, and Bode Olanipekun SAN of the Inner Bar and their friend of the Outer Bar Akintola Makinde for 2nd Respondent/Cross Appellant
Dr Onyechi Ikpeazu SAN, Taiwo Oyetibo SAN, Otunba K K Kalejaiye SAN, and Kunle Adegoke SAN of the Inner Bar, and their friend of the Outer Bar Adeyinka Adegbite for 3rd Respondent
Dr Onyechi humbly applies that the appeal for 3rd Respondent would be taken by Mr Oyetibo SAN who prepared the brief,
Chief Olanipekun then indicates that he would prefer that 2nd Respondent be allowed to argue its Cross Appeal separately.
He undertakes to say no more than to adopt the briefs in the Cross Appeal.
Owonikoko SAN also indicates that he has a motion attacking Issue Four of Appellant’s Brief on the ground that it does not arise from the judgment of the Court of Appeal
Chief Uche SAN indicates that he has responded to that application
Court states that all will be taken together
In adumberation, Chief Uche SAN draws court’s attention to Fist Issue in Appellant’s Brief argued from pages 6 to 20. He argues that Court of Appeal misconceived Appellant’s case as it relates to the Margin of Lead principle
He says that in this particular instance, INEC had already cancelled the elections in 99 units. That it was not a case of Appellants urging the court to cancel the elections
That INEC at trial confirmed the cancellation and INEC’s documents confirmed the cancellation, and the reason. That INEC did not testify or introduce any contrary evidence to dispute those certified documents
That it was 2nd Respondent that introduced an explanation for the cancellations which was resistance to the use of BVAS
Chief Uche zsAN identifies Appellant’s Brief filed on 18 Dec 2023 with a list of authorities filed the same day
Also identifies:
1. Reply Brief to 1st Respondent field on 29 December 2023
2. Reply Brief to 2nd Respondent filed 4 January 2024
3. Reply Brief to 3rd Respondent filed 29 December 2023
4. Additional List of Authorities filed 11 January 2024
Chief Uche SAN adopts all Briefs as his argument in the appeal and urges the court to allow the appeal and overturn the majority decision of the Court of Appeal
He also adopts his response to the motion raised by INEC
Chief Uche SAN argues further that INEC ought not to have made a declaration in the circumstances
He argues that the Court of Appeal was wrong to have assigned to Appellants the burden of proving the reason for the cancellation
