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CaseLaw

Akeredolu V. Mimiko (2013) CLR 8(a) (SC)

Judgement delivered on August 29th 2013

Brief

  • Election case where allegation of crime is made
  • Preliminary objection
  • Expert evidence
  • Illegal voters register
  • Voters register
  • Issues for determination
  • Formulation of grounds of appeal
  • Evidence
  • Concurrent finding of fact
  • Section 135 (1) of the Evidence Act, 2011
  • Section 138(1) of the Electoral act 2010 (as amended)
  • Section 139(1) Electoral Act 2010 (as amended)
  • Section 19(1) of the Electoral Act 2010 (as amended)
  • Section 168(11) of the Evidence Act 2011
  • Section 33 (3) of the Evidence Act 2011
  • Section 68(1) of the Evidence Act 2011

Facts

On the 20th day of October 2012, the 3rd Respondent herein (INEC), conducted election for the Office of the Governor of Ondo State. In the election, 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 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 (LP), was declared Winner of the election by the 3rd Respondent (INEC).

Appellant challenged the declaration of the 1st Respondent as the duly elected Governor of Ondo State by a petition filed in the Election Petition Tribunal constituted for Ondo State, on 9th November 2012. In its judgment of 3rd May 2013, the trial Tribunal dismissed the appellants' petition and affirmed the election and return of the 1st Respondent as the duly elected Governor of Ondo State.

Aggrieved by the decision of the Tribunal, the appellant appealed to the Court of Appeal, Ondo Judicial Division. On the 1st July 2013, the Court below, in its judgment, dismissed the appeal and affirmed the decision of the trial Tribunal.

Dissatisfied with the judgment of the court below, the appellant, by their Notice of Appeal filed on 11/7/2013, appealed to this Court.

Issues

Whether the learned Appellate Justices were right in holding that the...

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