Tajudeen Ola Oladipo V. George O. Oyelami & Anor (1989)

LawGlobal-Hub Lead Judgment Report

IDRIS LEGBO KUTIGI, J.C.A.

The petitioner, now appellant, filed an Election Petition in the High Court, Ibadan challenging the election of the 1st respondent as the Chairman of Oluyole Local Government in the Local Government elections held nation- wide on 12th December, 1987. Eight candidates contested the chairmanship election. The 1st respondent was declared as duly elected having scored 7,930 votes. The appellant came second with 7,005 votes. In the petition the appellant prayed that it be determined that –

“1. George O. Oyelami (1st respondent) cannot hold any elective office for life.

2. The election of George O. Oyelami is null and void and of no effect.
3. An order restraining George O. Oyelami from holding and or performing any duty as the chairman for Oluyole Local Government; and
4. An order that the petitioner (appellant) be declared duly elected as the Chairman for Oluyole Local Government.”

Among the several grounds stated for filing the petition are those contained in para. 3(i)-(x) as follows.

“3. And your petitioner states that:-

(i) The petitioner was the sixth chairmanship candidate while the first respondent was the Eight Chairmanship contestant.

(ii) The said First respondent was the chairman for Oluyole Central Local Government between 1981 and 1983.

(iii) While the First respondent was the Chairman of Oluyole Central Local Government, he got the sum of N11,500 as Contingency Fund.

(iv) The First respondent used the said amount in a manner other than the purposes it was intended.

(v) The First respondent was arrested in 1984 for corrupt enrichment by the Special Investigation Panel.

(vi) Special Investigation Panel Investigated the case.

(vii) The First respondent was indicted by the Special Investigation Panel for conspiracy with Chief Bisi Akande and Chief Bola Ige. The Special Investigation Panel Report dated 19/2/87 will be relied upon at the trial.

(viii) The First respondent was asked to refund N5,500.

(ix) The Special Investigation Panel is one of the Bodies charged with the duty to investigate the old Politicians and other Public Office Holders.