Aketi vs Jegede: How Apex Court Justices ruled 4/3 and Buni’s factor
The Supreme Court in 4 to 3 Judgment has dismissed the appeal filed by the PDP and its candidate Eyitayo Jegede against the election of Rotimi Akeredolu as governor of Ondo state.
1)Mary Ukaego Peter Odilli. 2) Kudirat M O Kekere Ekun. 3) Ejembi Eko. 4) Uwani Musa Abbaaji 5) Saulaw l M M. 6) Tijani. Abubakar 7)Emmanuel A.Agim.
In a Majority Judgment the Apex court held that held that it is not in dispute that governor Buni is the acting chairman of the party in breach of section 183 of the constitution.
The appeal was based on the ground that Mai Mala Buni was holding position as the acting chairman of APC while a governor.
Governor Buni was not made a party as he was the center of the issue.
The governor who was alleged to have breach the constitution ought to have been made a party in the petition to answer to the allegations.
The court affirms the decision of the lower court that the petition was incompetent.
In a dissenting judgment Justice Mary Odili held that the APC submitted the name of Rotimi Akeredolu to INEC through its nomination form signed governor Buni who is a sitting governor.
She held that as a governor the constitution barred governor Buni from acting in dual capacities as a governor and party executive.
Aligning himself with the dissenting Judgment Justice Ejembi Ekwo held the position of the majority judgment that governor Buni was not added as a part is not attainable because when you have the principle you need not add the agent.
Justice Ibrahim Saulawa also adopted the minority Judgment.
One of the PDP Chieftains in the court said, “l was overwhelmed by the details of the judgement as the Justices read their individual Judgements.
“All the judges agreed that Buni violated the Constitution but Four said, Buni should have been joined and therefore dismissed our Appeal while the remaining three said Jegede ought to have been declared as winner since APC did not validly nominate a Candidate.”