Adebutu’s appeal has been deemed lacking in merit by Abiodun, INEC, and APC

The People’s Democratic Party (PDP) candidate for governor of Ogun State in 2023, Ladi Adebutu, filed an appeal against the ruling of the Ogun State Governorship Election Tribunal. The ruling All Progressives Congress (APC), the Independent National Electoral Commission (INEC), and Governor of Ogun State, Prince Dapo Abiodun, have all characterised the appeal as unjustified and overly ambitious.

This comes just after the Court of Appeal in Lagos on Tuesday heard the arguments from both sides and reserved a decision in the appeal that Adebutu had filed against Governor Abiodun’s reelection.

Adebutu is contesting the election tribunal’s decision from September 30, which maintained Governor Abiodun’s win in the state’s March 18 governorship contest.

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The Court of Appeal reserved ruling during the appeal hearing on Tuesday following the parties’ adoption of all procedures. The court ordered that the parties be informed of the date of ruling and given three days’ notice.

Earlier, Chris Uche, SAN, the appellant’s attorney, pleaded with the court to accept his clients’ appeal and overturn the tribunal’s ruling.
He claimed that the tribunal erred in dismissing the petition before it, failing to evaluate the issue on its merits.

A.J. Owonikoko, SAN, responded by pleading with the court to reject the appeal as being without substance. Regarding the 49,000 voters who were allegedly denied the right to vote, the appellant brought up the point that the appellants had only summoned 48 witnesses, not the entire list of purported voters whose right to vote was to be established.

The Court cannot, as the Appellants desire, magnify 48 witnesses to 49,000 witnesses, he said.

Chief Wole Olanipekun, SAN, who was representing the second respondent, also asked the court to dismiss the appeal while identifying and accepting his brief.

He declared that the ruling in Atiku’s case fully encompasses the issues in this appeal, in contrast to the stance taken by Chief Uche SAN.

He contends that the Supreme Court merely upheld the Court of Appeal’s ruling, which this court had issued, in full in that appeal.

Coincidentally, he continued, the same Samuel Oduntan who the Court of Appeal had turned down as a witness in Atiku’s case had become PW 93 in this appeal. He commits to responding to the court by giving it a copy of the ruling.

Olanipekun added that the appellants had given up on about five Grounds of Appeal and listed roughly eight significant Trial Tribunal decisions that they had not contested.

He argued that the Court should not even examine anything about the margin of lead. He pleaded with the Court to reject the appeal as being without merit.

Dr. Onyechi Ikpeazu SAN responded by asking the court to reject the motion and citing the Third Respondent’s written address and counter-affidavit, both of which were filed on November 8, 2023.

He made the observation that the appellants had misrepresented the motion’s prayer, which is to strike out the List of authorities.

A J Owonikoko SAN and Dr. Remi Peter Olatubora SAN stood with D O Atti-John and Chiamaka I Nwamanam for the First Respondent, while Chief Chris Uche SAN and Chief Gordy Uche SAN appeared with Olumuyiwa Obanewa, O Lawal, and Abduljaleel Musa for the Appellants.

The second respondent was represented by Chief Wole Olanipekun, CFR, SAN, Prof. Taiwo Osipitan SAN, Mrs. Titilola Akinlawon SAN, Kehinde Ogunwumiju SAN, and Bode Olanipekun SAN, who appeared with Mrs. Olayemi Badewole. The third respondent was represented by Dr. Onyechi Ikpeazu OON, SAN, Tayo Oyetibo SAN, Otunba Kunle Kalejaye SAN, and Kunle Adegoke SAN, along with Olanrewaju Baruwa, Mrs. Ojuri, D D Owoeye, and Adeyinka Adegake.