Dr. Azeez Olajide Adediran & Ors v. Independent National Electoral Commission & Ors (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ADAMU JAURO, JSC (Delivering the leading judgment)

The appeal herein is against the judgment of the Court of Appeal, Lagos Division delivered on 15th November, 2023, dismissing the appellants’ appeal against the judgment of the Lagos State Governorship Election Tribunal which had affirmed the return of the 2nd respondent as the duly elected Governor of Lagos State.

Synopsis of facts

On 18th March, 2023, the 1st respondent conducted election into the offices of Governor for several states of the Federal Republic of Nigeria, including Lagos State. Inter alia, in Lagos State, the election was contested by the 2nd respondent on the platform of the 3rd respondent, the 5th respondent who contested on the platform of the 6th respondent and the 1st appellant sponsored by the 2nd appellant.

At the conclusion of the election, the 1st respondent, on 20th March, 2023 announced the result and declared the 2nd respondent winner and consequently returned him as the duly elected Governor of Lagos State.

Per the result declared by INEC, the 2nd respondent garnered 762,134 votes to emerge winner, the 5th respondent finished second with 312,329 votes, while the 1st appellant finished third having scored 62,449 votes.

Being dissatisfied with the outcome of the election, the appellants filed a petition challenging same before the Lagos State Governorship Election Tribunal. The petition was predicated on the following grounds:

“a. The 2nd respondent, Mr. Sanwo-Olu Babajide Olusola and the 3rd respondent, Dr Hamzat Kadri Obafemi were at the time of the election, not qualified to contest the election.

b. The 5th respondent, Arch. Rhodes-Vivour Gbadebo Patrick declared by the 1st respondent as having scored the second highest number of votes was, at the time of the election, not qualified to contest the election.”

The following were the reliefs sought by the appellants in the petition:

(a) That it may be determined and declared that at the time of the Governorship Election of Saturday, 18th March, 2023, the 2nd and 3rd respondents were not qualified to have contested the said election.

(b) That it may be determined and declared that all the votes recorded for the 2nd, 3rd and 4th respondents in the said election were wasted votes owing to the non-qualification of the 2nd and 3rd respondents to have participated in that election.

(c) That it may be determined and declared that at the time of the Governorship election of Saturday, 18th March, 2023, the 5th respondent was not qualified to have contested the said election.

(d) That it may be determined and declared that all the votes recorded for the 5th and 6th respondents in the said election as the second highest number of votes cast at the election, were wasted votes owing to the non-qualification of the 5th respondent to have participated in that election.