Dr. John Olukayode Fayemi V. Olusegun Adebayo Oni & Anor (2009)
LawGlobal-Hub Lead Judgment Report
MUSA DATTIJO MUHAMMAD, J.C.A.
The Independent National Electoral commission (INEC) conducted the Gubernatorial Elections across the country on the 14th day of April, 2007. In Ekiti State, Dr. John Olukayode Fayemi, Mr. Olusegun Adebayo Oni and Eleven others contested the election on the platforms of their respective political parties. Whereas Dr. Fayemi was sponsored by the Action Congress, Mr. Oni contested the election on the ticket of the Peoples Democratic Party. At the end of polls, Mr. Olusegun Adebayo Oni having scored 177,780 votes was returned the winner of the election. Dr. John Olukayode Fayemi who polled
108,305 votes came second. Being dissatisfied with the declared results of the election and return of Mr. Oni, Mr. Fayemi filed a 159 paragraph petition at the Ekiti State National Assembly Governorship and Legislative Houses Election Petition Tribunal on 11th May, 2007 on the grounds specified in paragraph 37 of the petition thus:
“(i) The 1st Respondent was not duly elected by a majority of the lawful votes cast at the election.
(ii) The election and return of the 1st Respondent is invalid by reasons of Electoral malpractices and noncompliance with the provisions of the Electoral Act 2006.” (underlining supplied for emphasis).
Details of the electoral malpractices and non-compliance as well as the Local Government Areas where same took place are as catalogued in the body of the petition at the end of which the Petitioner in paragraph 159 urged the Tribunal as follows:
“i. That it may be determined and thus declared that the 1st Respondent Olusegun Adebayo Oni was not duly elected or returned by the majority of lawful votes cast at the Ekiti State Governorship election held on Saturday 14th April, 2007.
ii. That it may be determined and thus declared that the said election and the return of the 1st Respondent, Olusegun Adebayo Oni are voided by acts which clearly violate and breached the provision of the Electoral Act, 2006, including but not limited to rigging and manipulations of election results, unprecedented act of violence, thuggery and abduction and coercion of opponents committed at the Local Governments, towns, wards and polling stations aforementioned.
iii. That it may be determined that going by the lawful votes at the said election, your Petitioner ought to have been returned and should be returned as the elected governor of Ekiti State.
iv. In addition and/or alternative that your petitioner be declared as the winner of the said election judging by the result obtained after the physical recount and re-examination by and before the Tribunal of votes from the affected or aforementioned Local Governments, wards, units and/or centres.
In further alternatives to iii and iv supra:
v. That the elections in the said Local Governments, wards, units and/or centres be voided and/or set aside and a fresh election ordered.
VI. That a fresh election be ordered throughout the State for the election of the Governor of Ekiti
State in accordance with the provisions of the Electoral Act, 2006.
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