Friday, 30 August 2013

Ondo Guber Tussle: Supreme Court Upholds Gov Mimiko’s Election

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The Supreme Court yesterday upheld the election of Governor Olusegun Mimiko of the Labour Party (LP) as the authentic governor of Ondo State.

A panel of seven Justices of the Supreme Court (JSCs) presided by Justice Sylvester Nguta held that the appeal filed by the candidate of the defunct Action Congress of Nigeria (ACN) , Chief Oluwarotimi Akeredolu (SAN) against Mimiko’s re-election could not be sustained.

Akeredolu had challenged the July 2, decision of the Court of Appeal in Akure which upheld the re-election Mimiko on October 20, 2012 and claimed that the Independent National Electoral Commission (INEC) conspired with Mimiko to illegally inject about 90,000 fake voters in the voter register used for the election.

 But Nguta  held that the decision of the Court of Appeal  on the matter was apt, adding that the apex court would not upturn an appellate decision which was given in  accordance  with  the evidence brought before it.

The JSC said, ``The appellant failed to prove the allegations of substantial non-compliance of the 2012 election with Electoral Act 2010 as amended beyond reasonable doubt. The appellant also failed to provide cogent evidence of the voter register he claimed was manipulated just as he was unable to prove allegations of fraud, irregularities and violent disruption of the election.

Nguta further held that it was not proved how the allegation of injection of over 90,000 voters in the voter register affected the final outcome of the election.

The apex court had also in a similar judgment delivered by Justice Mary Peter-Odili in an appeal by  Mr. Olusola Oke of the Peoples Democratic Party (PDP) held that the appeal lacked merit.

Oke had approached the Supreme Court for ``further and better interpretation of the issues raised and urged the apex court to hold whether the decision of the lower court to overlook the allegation of the manipulation of the voter register was right. He also  prayed the court to upturn the decision of the Court of Appeal and declare him winner of the election.
The Supreme Court yesterday upheld the election of Governor Olusegun Mimiko of the Labour Party (LP) as the authentic governor of Ondo State.
A panel of seven Justices of the Supreme Court (JSCs) presided by Justice Sylvester Nguta held that the appeal filed by the candidate of the defunct Action Congress of Nigeria (ACN) , Chief Oluwarotimi Akeredolu (SAN) against Mimiko’s re-election could not be sustained.
Akeredolu had challenged the July 2, decision of the Court of Appeal in Akure which upheld the re-election Mimiko on October 20, 2012 and claimed that the Independent National Electoral Commission (INEC) conspired with Mimiko to illegally inject about 90,000 fake voters in the voter register used for the election.
 But Nguta  held that the decision of the Court of Appeal  on the matter was apt, adding that the apex court would not upturn an appellate decision which was given in  accordance  with  the evidence brought before it.
The JSC said, ``The appellant failed to prove the allegations of substantial non-compliance of the 2012 election with Electoral Act 2010 as amended beyond reasonable doubt. The appellant also failed to provide cogent evidence of the voter register he claimed was manipulated just as he was unable to prove allegations of fraud, irregularities and violent disruption of the election.
Nguta further held that it was not proved how the allegation of injection of over 90,000 voters in the voter register affected the final outcome of the election.
The apex court had also in a similar judgment delivered by Justice Mary Peter-Odili in an appeal by  Mr. Olusola Oke of the Peoples Democratic Party (PDP) held that the appeal lacked merit.
Oke had approached the Supreme Court for ``further and better interpretation of the issues raised and urged the apex court to hold whether the decision of the lower court to overlook the allegation of the manipulation of the voter register was right. He also  prayed the court to upturn the decision of the Court of Appeal and declare him winner of the election.
- See more at: http://leadership.ng/news/300813/ondo-guber-tussle-supreme-court-upholds-gov-mimiko-s-election#sthash.vhxtqheU.dpuf