New Telegraph

Akeredolu, Jegede, INEC, appeal move appeals to Supreme Court

The Supreme Court has fixed July 28 for the hearing of the appeal filed by the candidate of Peoples Democratic Party (PDP), Mr Eyitayo Jegede, Governor Oluwarotimi Akeredolu of All Progressives Congress (APC) and Independent National Electoral Commission (INEC) against the decision of the Court of Appeal that validated the election of Akeredolu of October 10 last year.

In the verdict delivered on June 16, 2020, the Court of Appeal sitting in Akure dismissed the petition of Jegede and declared Akeredolu as winner. Out of seven issues raised for determination, the appellate court led by Justice Theresa Ngolika Orji-Abadua resolved four and half in favour of Jegede and the rest two and half in favour of Akeredolu.

Displeased by the decision of the appellate court, Akeredolu, Jegede and the INEC approached the apex court for the invalidation of both the Election Petition Tribunal and Court of Appeal.

While Jegede filed one ground of appeal, Akeredolu, who was declared the winner, filed three grounds of appeal while the INEC filed three grounds of appeal against the decision of the appeal court.

In the single ground of appeal, Jegede through his counsel, Onyekachi Ikpeasu asked the Supreme Court to determine whether it was necessary to join the National Caretaker Committee Chairman of APC and Governor of Yobe State, Mai Mala Buni as a party to the petition challenging the candidature of Akeredolu considering the fact that he enjoys immunity under Section 308 of the 1999 constitution.  The Appeal Court had said the failure by Jegede to join Governor Buni was fatal to his case.

In the appeal filed by the electoral umpire through its counsel, Mr Uwensuyi Edosomwan, said the Appeal Court erred in law to assume jurisdiction in a matter that was clearly a pre-election matter.

It said the Court of Appeal erred in law when it held at page 34 of the judgment thus: “It is the consideration of this issue, encompassing all the grounds of objection listed, that culminated to the conclusion arrived at that the Tribunal lacks jurisdiction.”

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