Ondo Election: Appeal Court Gives Dissenting Judgment On Jegede’s Appeal

The Court of Appeal sitting in Akure on Wednesday gave
dissenting judgment in the appeal brought before it by the
candidate of the People’s Democratic Party (PDP), Eyitayo Jegede in
the October 10, 2020 governorship election in Ondo State.

Jegede, who is challenging the victory of Governor Oluwarotimi
Akeredolu, had approached the appellate court after the tribunal
dismissed his petition for lacking in merit.

His Counsel, Onyeachi Ikpeazu, had asked the court to sack
Governor Oluwarotimi Akeredolu and his Deputy, Lucky Aiyedatiwa,
should be sacked because they were not properly nominated by their
party, the All Progressives Congress (APC).

Counsel to Akeredolu and Aiyedatiwa, APC and INEC; Akin Olujimi,
Lateef Fagbemi and Charles Edosanmwon, however, faulted all the
arguments of Jegede’s counsel saying the case was a pre-election
matter.

In the lead judgment read by Justice Theresa Ngolika
Orji-Abadua, the court party allowed Jegede to appeal issues one,
two, four and five.

She dismissed the appeal on issues three, six and seven.

In their judgement, Justice H. A Barka, Justice J.G Abundaga,
Justice Andenyangtso Alli, dismissed the appeal for lacking in
merit.

Justice Orji-Abadua in her final speech said the Electoral Act
does not have the power to override provisions of the Nigeria
Constitution with regard to qualification or disqualification of a
candidate in an election.

“The appeal is partly allowed and partly dismissed. The
appellant case is dismissed.”

The Court of Appeal sitting in Akure on Wednesday gave
dissenting judgment in the appeal brought before it by the
candidate of the People’s Democratic Party (PDP), Eyitayo Jegede in
the October 10, 2020 governorship election in Ondo State.

Jegede, who is challenging the victory of Governor Oluwarotimi
Akeredolu, had approached the appellate court after the tribunal
dismissed his petition for lacking in merit.

His Counsel, Onyeachi Ikpeazu, had asked the court to sack
Governor Oluwarotimi Akeredolu and his Deputy, Lucky Aiyedatiwa,
should be sacked because they were not properly nominated by their
party, the All Progressives Congress (APC).

Counsel to Akeredolu and Aiyedatiwa, APC and INEC; Akin Olujimi,
Lateef Fagbemi and Charles Edosanmwon, however, faulted all the
arguments of Jegede’s counsel saying the case was a pre-election
matter.

In the lead judgment read by Justice Theresa Ngolika
Orji-Abadua, the court party allowed Jegede to appeal issues one,
two, four and five.

She dismissed the appeal on issues three, six and seven.

In their judgement, Justice H. A Barka, Justice J.G Abundaga,
Justice Andenyangtso Alli, dismissed the appeal for lacking in
merit.

Justice Orji-Abadua in her final speech said the Electoral Act
does not have the power to override provisions of the Nigeria
Constitution with regard to qualification or disqualification of a
candidate in an election.

“The appeal is partly allowed and partly dismissed. The
appellant case is dismissed.”