It is an appeal against the judgment of the Court of Appeal, Akure Division delivered on the 2nd of April, 2015. In the said judgment of the Court below the judgment of the trial Tribunal that sat in Osun State, delivered on 6th February, 2015 was affirmed.
In the Governorship election in Osun state conducted by the 3rd respondent (INEC) on Saturday, the 9th August, 2014, both the 1st appellant and 1st respondent were among the contestants into the office of the Governor of Osun State, having been sponsored by the 2nd appellant and 2nd respondent respectively.
At the conclusion of the said election, the 3rd respondent found the 1st respondent to have secured and won the majority of lawful votes cast at the election and he was accordingly declared the winner of the election as the Governor elect.
Aggrieved by the 3rd respondent's declaration of the 1st respondent as the winner of the election led to the filing of a petition by the appellants as petitioners. In their said petition, filed on August 28, 2014 they prayed for the following:
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1
That it be determined and declared that the 1st respondent, Ogbeni Rauf Adesoji Areghesola was not duly elected by a majority of lawful votes cast in the Osun State Governorship election held on the 9th of August, 2014 and therefore his election is null and void.
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2
That it be declared that SENATOR IYIOLA OMISORE was duly elected and ought to have been returned duly elected Governor of Osun State having scored the highest number of lawful votes cast at the election held on the 9th August, 2014 and satisfied the provisions of the 1999 Constitution of the Federal Republic of Nigeria and Electoral Act 2010 (as amended) be so declared
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3
In addition, that SENATOR IYIOLA OMOSORE be declared as the winner of the Osun State Governorship election held on the 9th August, 2014, based on the results obtained at the physical recount and re-examination by and before the Tribunal or otherwise of the votes from the affected or aforementioned Local Governments, Wards, Units and/or Centres.
OR IN THE ALTERNATIVE:
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4
That the Osun State Governorship election held on 9th August, 2014 having been vitiated by substantial non-compliance with the mandatory statutory requirements which has substantially affected the validity of the election in the units and wards of the Local Government Areas being challenged be declared nullified or cancelled and the 3rd respondent be ordered and or directed to conduct fresh elections for office of the Governor of Osun State in the affected areas."
They gave the following as the grounds for their petition.
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i
The 1st respondent was not duly elected by majority of the lawful votes cast at the election and did not score ? (one quarter) of the lawful votes cast in at least 20 of the 30 Local Government Areas of Osun State and therefore did not meet the requirements of the law to be returned as the winner of the election;
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ii
The Election of the 1st respondent is invalid by reason of corrupt practices and electoral malpractices perpetrated by the members and agents of the 1st and 2nd respondents in the places challenged in this petition?
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3
The Election of the 1st respondent is invalid by reason of substantial non-compliance with the provisions of Electoral Act 2010 (as amended), the Manual for Election Officials 2014, the Guidelines issued for the conduct of the election and the law in the conduct of the election."
At the conclusion of the hearing at the Election Petition Tribunal, the petition of the appellants was found to be devoid of any merit and was dismissed, which decision led to the appeal to the Court below. In its considered judgment delivered on 2nd April, 2015, the Court of Appeal dismissed the appeal and affirmed the judgment of the trial tribunal which had earlier affirmed the declaration by the 3rd respondent of the 1st respondent as the winner of the election.
As expected from a highly litigious person, the appellants being further aggrieved with the decision of the Court of Appeal resorted to the appeal to this Court.
In the same appeal, the cross Appeal by the 1st respondent was partly allowed. The appellants again dissatisfied with the decision and appealed to the Supreme Court against the judgment of the main appeal vide notice of appeal filed 10/4/2015. The said appellants were also dissatisfied with part of the cross appeal and lodged an appeal arising from the said cross appeal.
