Ondo 2020: Supreme Court strikes out Jegede’s case against Akeredolu

Ondo 2020: Supreme Court strikes out Jegede’s case against Akeredolu

By Our Reporter

The Supreme Court sitting in Abuja on Wednesday, July 28, 2021 dismissed the case of the candidate of the PDP in the October 10, 2020 Governorship election in Ondo state, Eyitayo Jegede challenging the reelection of Governor Oluwarotimi Akeredolu of the APC.

The Supreme Court in 4 to 3 Judgment dismissed the appeal filed by the PDP and its candidate Eyitayo Jegede against the election of Akeredolu as governor of Ondo state.

In a Majority Judgment the Apex court held that it is not in dispute that governor Buni is the acting chairman of the party in breach of section 183 of the constitution.

The appeal was based on the ground that Mai Mala Buni was holding position as the acting chairman of APC while a governor.

But Governor Buni was not made a party as he was the center of the issue.

The governor who was alleged to have breach the constitution ought to have been made a party in the petition to answer to the allegations.

The apex court said Jegede, the PDP should have joined the Yobe State Governor, Mai Mala Buni in their case.

The court affirms the decision of the lower court that the petition was incompetent.

In a dissenting judgment Justice Mary Odili held that the APC submitted the name of Rotimi Akeredolu to INEC through its nomination form signed governor Buni who is a sitting governor.

She held that as a governor the constitution barred governor Buni from acting in dual capacities as a governor and party executive.

Aligning himself with the dissenting Judgment Justice Ejembi Ekwo held the position of the majority judgment that governor Buni was not added as a part is not attainable because when you have the principle you need not add the agent.

Justice Ibrahim Saulawa also adopted the minority Judgment.

Reacting, Akeredolu has described the judgment as an act of God and thanked the judiciary for standing by the truth, advising his opponent to join hands with him to move the state forward.

Jegede who had earlier lost his case at the Election Petition Tribunal and the Appeal Court, is seeking to nullify the nomination of Governor Akeredolu as the candidate of the APC by the Governor of Yobe State, Mai Mala Buni, who is the Acting National Chairman of the party.

 

 

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