Chief Olusola Oke
By Tobi Soniyi
Ondo State Governor, Dr. Olusegun Mimiko, the candidate of the Peoples Democratic Party (PDP), Chief Olusola Oke and that of Action Congress of Nigeria (ACN) in the last governorship election in the state will tomorrow know their fates at the Supreme Court.
Ondo State Governor, Dr. Olusegun Mimiko, the candidate of the Peoples Democratic Party (PDP), Chief Olusola Oke and that of Action Congress of Nigeria (ACN) in the last governorship election in the state will tomorrow know their fates at the Supreme Court.
The apex court yesterday reserved final judgment in the dispute that arose from the election hotly contested by the three politicians.
Mimiko won the election on the platform of Labour Party (LP).
Mimiko won the election on the platform of Labour Party (LP).
The Supreme Court had to break its annual vacation temporarily to hear the case in order to beat the 60-day period allowed by the constitution for the determination of appeals on election matters.
At the hearing of the case yesterday, Mimiko, represented by legal luminary, Chief Wole Olanipekun (SAN), asked the seven-man panel to dismiss the appeals on the ground that the case was baseless and could no longer be heard for want of jurisdiction.
Olanipekun told the court that the case had become a pure academic with the absence of the ACN, the platform on which Akeredolu contested in the election.
Olanipekun told the court that the case had become a pure academic with the absence of the ACN, the platform on which Akeredolu contested in the election.
The court had early in the day, refused to bring in the newly floated All Progressives Congress (APC) in place of the ACN on the ground that APC did not participate in the election.
Olanipekun said with the exit of the ACN, there was no ground for Akeredolu to push his case.
The counsel argued that even if a fresh election was ordered, ACN could no longer participate because it was no longer alive and that APC could not legally take its place.
Oke and Akeredolu had in their cases filed separately asked the court to nullify the election based on alleged irregularities, mal-practices and corruptions.
The counsel argued that even if a fresh election was ordered, ACN could no longer participate because it was no longer alive and that APC could not legally take its place.
Oke and Akeredolu had in their cases filed separately asked the court to nullify the election based on alleged irregularities, mal-practices and corruptions.
Oke represented by Prince Lateef Fagbemi (SAN) informed the court that the election was invalid because the Independent National Electoral Commission (INEC) allegedly injected over 100,000 voters into the process stipulated by law.
The counsel submitted that INEC failed to publish and display the voters’ register before a valid election could be conducted, adding that in the absence of a validly displayed voters’ register, the election was liable to be impeached.
Fagbemi argued that conditions precedent for a valid election was not observed because both parties including INEC agreed that over 100,000 names were inserted on the voters register without following due process.
Counsel to Akeredolu, Wole Aina, submitted that Supreme Court was right in hearing the case during vacation because it was a constitutional provision that the case must be heard within 60 days.
He argued that constitution took precedence over the rule of any court, hence the court had the power to hear the case during vacation to beat the 60-day deadline.
However INEC counsel, Dr. Onyechi Ikpeasu (SAN), informed the court that if there was any irregularity, the three contestants were the beneficiaries.
He said even if there was any irregularity, it was not substantial to warrant the nullification of the election and urged the court to dismiss the petition.
After listening to arguments of both parties Justice Walter Onoghen fixed tomorrow for judgment.
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