The Supreme Court has dismissed the petition filed by Chief Oluwarotimi Akeredolu of the defunct Action Congress of Nigeria (ACN) and Chief Olusola Oke of the Peoples e Democratic Party (PDP) against Governor Olusegun Mimiko of Ondo state.
The apex court in its judgement on Thursday, prepared by Justice Walter Onnonghen and read by Justice Sylvester Nguta, said Akeredolu and Oke failed to prove their cases beyond reasonable doubt.
Akeredolu and Oke had challenged the result of the election that brought Mimiko into office as the state governor.
The court said the appellants (Akeredolu and Oke) failed to prove that members of the Labour Party engaged in multiple registration.
Akeredolu in his appeal told the court that there were multiple registration by members of the Labour Party, that sponsored Mimiko for the election.
When the case was heard earlier on Tuesday, a full panel of the apex court headed by Justice Walter Onnoghen, struck out the name of the second appellant in the first appeal, ACN having merged with other parties to form All Progressive Congress (APC).
Before the judgement was delivered, counsel to Mimiko, Wole Olanipekun (SAN), after announcing his appearance had urged the court to take judicial notice of the fact that the second appellant in the first appeal, ACN is no longer in existence as it has submerged to form another party which was not before the court.
Counsel to Akeredolu, Wole Aina urged the court to refuse taking judicial notice that ACN is no longer in existence since there is no evidence before the court to prove this but on the alternative moved an application to substitute the name ACN for APC.
Counsel to Labour Party, Yusuf Ali SAN submitted that the court can take judicial notice of a notorious fact like that of the instant case, adding that no one of school age will say he is not aware of the death of ACN as being submerged into APC.
After listening to the submissions of all parties, the court stood the matter down for ruling.
In its ruling, the apex court held that it was the duty of the second appellant to inform the court of the submerge of ACN into APC.
“We have carefully gone through the provision of Section 109(2)(g) and 97 of the Electoral Act, 2010 as amended which the second appellant drew our attention to.
“It does not avail the appellant as the section deals with the candidate and not the party as in this instant case.
“We agree with the submission of the INEC counsel that this court lacks jurisdiction to grant the application because doing so will amount to amendment of the appeal.
“The application is hereby refused, consequently, the name of the second appellant is hereby struck out”.
The Court had earlier fixed September 24 to commence hearing in the appeals but following protests from some quarters that the September 24 will be outside the mandatory 60 days to determine the election petition appeals, the CJN adjusted the hearing date.
