NGWUTA, JSC (DELIVERING THE LEADING JUDGMENT): On 20 October 2012, the 3rd respondent herein Independent National Electoral Commission (INEC), conducted election for the office of the Governor of Ondo State. On the day of the election, the appellant flew the flag of the Action Congress of Nigeria, a registered political party.
The 1st respondent was the candidate of the 2nd respondent, the Labour Party LP, also a registered political party, at the election. The 3rd respondent, INEC is the nation’s electoral umpire. Candidates of other registered political parties, including the Peoples’ Democratic Party (PDP), contested the election with the appellant and the 1st respondent. At the close of the election, the following results were recorded and announced by the 3rd respondent:
Oluwarotimi Akeredolu, ACN - 143,512 votes
Chief Alex Olusola Oke, PDP - 155,196 votes
Dr. Rahman Mimiko, LP - 260,199 votes
In the light of the above scores, the 1st respondent, Rahman Mimiko of the Labour Party…