Senator Rashidi Adewolu Ladoja V. Senator Abiola Adeyemi Ajimobi & Ors (2016)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

This Court heard the appeals and cross appeals in the substantive appeals above listed on 2nd of February, 2016. Judgment therein were delivered whereby the cross appeals in SC.12/2016 were allowed following which the rulings of the Lower Court dismissing the objection of the cross appellants therein were set aside. Consequently, appeal No.CA/IB/EPT/GOV/31/2015 filed by Senator R. A. Ladoja in the Lower Court was dismissed for being in abuse of process.

In the same judgment, the Court also dismissed the surviving appeal No. SC/12A/2016 for lack of any merit and the reason for the judgment was adjourned to the 15th February, 2016; the reasons are set out hereunder.

Governorship election was held in Oyo State of Nigeria on 11th April, 2015. In the said election, the 4th Respondent, Senator Rashidi Adewolu Ladoja was the candidate of the Appellant, Accord. Whilst the 1st Respondent, Senator Abiola Adeyemi Ajimobi was the candidate of the 2nd Respondent, All Progressives Congress (APC). There were other candidates for the

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election.

At the conclusion of the election, the 3rd Respondent declared the 1st Respondent as the winner of the election crediting him with 327,310 votes against the 4th Respondent who was credited with 254,520 votes.

Dissatisfied with the outcome of the election, the appellant and the 4th respondent on 2nd May, 2015 presented their petition No. EPT/18/GOV/22/2015 in the trial Tribunal on the following two grounds:-

“(i) That the election of the 1st respondent, Senator Abiola Adeyemi Ajimobi was invalid by reason of corrupt practices or non-compliance with the provision of the electoral Act 2010 (as amended).

(ii) That the 1st respondent Senator Abiola Adeyemi Ajimobi was not duly elected by the majority or highest number of lawful votes cast at the election.”

There are 33 Local Government Areas in Oyo State. The Appellant’s case is that the election in all the polling units of 10 Local Government Areas namely Atiba, Atisbo, Iseyin, Iwajowa, Kajola, Itesiwaju, Oriire, Ogbomoso North, Ogbomoso South and Surulere Local Government Areas are void for reasons of non-compliance. The appellant and the 4th respondent also challenged the

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results from wards and polling units which identities are pleaded in the petition and set out in the testimony of PW1.

Meanwhile on the 28th day of April, 2015 the appellant and the 4th respondent got an order of Honourable Tribunal to inspect all documents and gadgets used by the Independent National Electoral Commission (INEC) for the conduct of the said election (see page 5212 Vol.7 Record of Appeal).