Appeal court affirms Dapo Abiodun’s election

The Court of Appeal sitting in Lagos has affirmed the re-election of Prince Dapo Abiodun in the March 18, 2023, governorship election as the duly elected governor of Ogun State.

The majority Judgment delivered by Justice Joseph Shagbaor Ikyegh dismissed the Appeal filed by the People’s Democratic Party (PDP) candidate in the 2023 gubernatorial election, Ladi Adebutu.

But, the minority judgment delivered by Justice Jane Inyang, allowed the appeal and ordered the Independent National Electoral Commission INEC to conduct fresh election within 90 days.

Justice Hamidu Kunaza of the lower court had on September 30 dismissed the petition filed by the PDP and Mr Adebutu for lacking in merit.

The tribunal held that the petitioners failed to prove allegations of over voting, rigging and non-compliance in the election.

Not satisfied with the judgment, Mr Adebutu and his party had approached the Court of Appeal to challenge the tribunal’s ruling.

The court held that the appeal lacked merit as it found no substance in it and subsequently dismissed it, affirming the earlier decision of the Tribunal without costs.

In the majority Judgment, the court of appeal held that it is a petitioner who bears the responsibility to prove that an election was marred by corrupt practices and that Appellants did not so prove.

The Court held further that the Appellants did not prove the allegation of certificate forgery against Governor Abiodun and noted that the Tribunal did not believe the evidence of certain witnesses because of their demeanours and because of the chorused nature of their testimony.

It Maintained that appellate courts generally do not interfere with such assessments, and that the assessment of the Tribunal is undisturbed.

On the issue of disenfranchisement raised by the appellant, the court held that it was the duty of the Appellants to prove same by calling voters who could vote but were disenfranchised, adding that in this petition rather, the Appellants did not call any such voter.

Reacting, Abiodun on his ‘X’ handle welcomed the ruling, noting that he remains committed to the advancement and socioeconomic growth of the state.