Disable Preloader

CaseLaw

Agagu Vs. Mimiko (2009) CLR 2(i) (CA)

Judgement delivered on February 29th 2009

Brief

  • Election petition
  • Non joinder of INEC officials
  • Failure to call evidence
  • S.74(1) Evidence Act
  • Accreditation of voters
  • Variation in Election tribunal members
  • Power of tribunal to nullify invalid votes
  • Undue return
  • Storage of ballot papers

Facts

An election was conducted on 14th April 2007 by the Independent National Electoral Commission (INEC) for the Office of Governor of Ondo State, Nigeria. Appellant, Dr. Olusegun Agagu was a candidate of the PDP while Mr. Rahman Olusegun Mimiko contested the said election under the platform of the Labour Party.

At the conclusion, the 3rd respondent INEC, declared the appellant duly elected and issued him with a certificate of return as the candidate that scored the highest lawful votes at the election. Appellant was consequently sworn in as the Governor of Ondo State, Nigeria.

Dissatisfied the appellant filed an election petition at the Governorship/Legislative Houses Election Tribunal, Akure. He challenged the election on several grounds to wit:

  • i
    that there was no election in some Local Government Areas until after the voting period;
  • ii
    that there were marked thuggery,
  • iii
    election materials snatching,
  • iv
    vote allocation, and
  • v
    other various election malpractices and
  • vi
    that results from these areas were false/ fraudulent.

    • Respondent filed a reply to the petition but did not comply with the requirements of para 12 & 15(2) of the 1st schedule to the Electoral Act 2006 as to the necessary pleadings to challenge the allegations of no election and claim to possess the majority of valid votes pleaded in the petition.

    At the conclusion of trial, the Tribunal allowed the petition, nullified the election of the incumbent respondent and declared the petitioner as the actual victor with the highest number of valid votes cast at the election.

    Respondent appealed.

Issues

  • 1
    Whether the trial tribunal was right when it failed/refused to strike out the
    • Read More