Chief Olusegun Oni & Ors v. Abiodun Abayomi Oyebanji & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

EMMANUEL AKOMAYE AGIM, JSC (Delivering the leading judgment)

The general election of Governor of Ekiti State held on 18-6-2022. The 1st appellant contested the election as the candidate of the 2nd appellant.

The 1st respondent contested the election as the Governorship candidate of the 2nd respondent. The 5th respondent was the 1st respondent’s running mate as Deputy Governor in the election.

At the conclusion of voting and collation of results the 4th defendant announced the result on that 18-6-2022, declaring that 1st respondent scored majority of the votes at the election (187, 057) and met less than one-quarter of the votes cast at the election in each of at least two-thirds of all the 16 Local Government Areas in Ekiti State and returned him as having been duly elected as Governor of Ekiti State. The 1st appellant was announced by the 4th respondent as scoring the 2nd highest majority votes cast in the election (82,211).

The appellants on 7-7-2022 filed an election petition in the Ekiti State Governorship Election Tribunal challenging the 1st respondent, 2nd, and 3rd respondents election on 18-6-2022 on the grounds that:

i. The 1st respondent was not duly elected by majority of the lawful votes cast at the Governorship election held on 18-6-2022.

ii. The 1st respondent was, at the time of the election, not qualified to contest the Ekiti State Governorship election held on 18-6-2022;

iii. The election of the 1st respondent is invalid by reason of corrupt practices.

iv. The election of the 1st respondent is invalid by reason of non-compliance with the provisions of Electoral Act, 2022 (as amended)”

On the basis of the facts pleaded in the petition in support of the above grounds, the petition claimed for:

(a) “That it be determined that the return of the 1st respondent as the winner of the Governorship election held in Ekiti on 18-6-2022 is invalid and wrongful having not scored a majority of lawful votes cast at the election

(b) That the 1st respondent was not qualified or disqualified to contest as a candidate in the Governorship election held in Ekiti State on 18-6-2022.

(c) That the 1st petitioner be returned as the duly elected governor of Ekiti State having fulfilled all the requirements of the law and having scored a majority of the lawful votes cast at the election

or in the alternative