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ADEBUTU OLADIPUPO OLATUNDE & ANOR
V.
INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 2 ORS

(2024) JELR 113142 (SC)

Supreme Court 19 Jan 2024 Nigeria
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- The Appellants challenged the declaration and return of the 2nd Respondent as the duly elected Governor of Ogun State in the 18 March 2023 election, alleging (1) non-compliance with Sections 24(3), 51(2) and (3) of the Electoral Act, 2022

Case Details

Suit Number:SC/CV/1221/2023
Judges:JOHN lNYANG OKORO, JSC UWANI MUSA ABBA AJI, JSC MOHAMMED LAWAL GARBA, JSC TIJJANI ABUBAKAR, JSC EMMANUEL AKOMAYE AGIM, JSC
Counsel:CHIEF CHRIS UCHE, SAN with EYITAYO JEGEDE, SAN; AHMED RAJI, SAN; CHIEF GORDY UCHE, SAN and OLUMUYIWA OBANEWA, ESQ for the Appellants. A. J. OWONIKOKO, SAN with REMI PETER OLATUBORA, SAN; T. V. OLONIMOYO, ESO; CHIAMAKA I. UWUAMANAM, ESQ and D. O. ATI-JOHN, ESQ for the 1st Respondent. CHIEF WOLE OLANIPEKUN, SAN with PROF. TAIWO OSIPITAN, SAN; KEHINDE OGUNWUMIJU, SAN; BODE OLANIPEKUN, SAN and AKINTOLA A. MAKINDE, ESQ for the 2nd Respondent. DR. ONYECHI IKPEAZU, SAN with TAYO OYETIBO, SAN; KUNLE KALEJAYE, SAN; KUNLE ADEGOKE, SAN, and ADEYINKA ADEGBITE, ESQ for the 3rd Respondent.

TIJJANI ABUBAKAR, JSC (Delivering the Leading Judgment): The instant appeal was initiated by the Appellants against the majority decision of the Court of Appeal (lnyang, JCA dissenting), delivered on the  24th day of November, 2023 in the  Appellants' appeal emanating from the decision of the Governorship Election Tribunal  Abeokuta  which  dismissed  the  Appellants'  Petition challenging the election and re-turn of the 2nd Respondent as the duly elected Governor of Ogun State in the aftermath of the governorship election conducted by the 15t Respondent on the 18th day of March, 2023.

The Appellants challenged the return and election of the 2nd Respondent before the Governorship Election Petition Tribunal via a Petition filed on 5th day of April, 2023, on the grounds that the 2nd Respondent's election was invalid by reason of non-compliance with the provisions of the Electoral Act, 2022, and by reason of corrupt practices; and that the 2nd Respondent was not elected by a majority of l…

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