Jegede Heads to S’Court as Appeal Court Upholds Akeredolu’s Victory

James Sowole

The Court of Appeal in Akure, Ondo State, yesterday declared that the appeal filed by the candidate of the Peoples Democratic Party (PDP), Mr. Eyitayo Jegede, against the decision of the Election Petition Tribunal that upheld the election of the All Progressives Congress (APC) candidate, Governor Oluwatotimi Akeredolu, in the October 10, 2020, governorship poll, lacked merit.

The five-man panel led by Justice Theresa Orji-Abadua gave the judgment after considering the seven grounds of appeal of Jegede.

However, the PDP and its candidate said the decision of the court would be challenged at the Supreme Court.

Jegede had approached the appellate court after the tribunal on April 20, 2021, dismissed his petition challenging the nomination and election of Akeredolu and Aiyedatiwa for lacking in merit.

Delivering the lead judgment monitored virtually, Justice Abadua said the appeal was allowed in respect of issues 1,2, 4, 5 with regards to guidelines while issue 6 was partly dismissed and partly allowed.

The appellate court dismissed the grounds 3 and 7 of Jegede’s appeal.

The court said the Electoral Act does not override the provision of the constitution with regard to qualification or disqualification of a candidate in an election.

The judge said the appellate court came to a conclusion that the appeal lacks merit, though some of the grounds were meritorious.

The other four Justices on the appeal, H. A Barka, Andenyangtso Ali, J.G Abudanga, concurred to the judgment.

Reacting to the judgment, Akeredolu told Jegede that he cannot upturn the will of the people through the back door.

Akeredolu stated this while addressing journalists yesterday in Abuja while reacting to the Appeal Court judgment delivered in his favour.

According to him, “I have said this over and over that this case itself is so flimsy for me as a person. And it is clear, because where you believe that you can go through the back door and up turn the will of the people, it is not going to work.”

The governor said the election result was clear and without contestation as the APC won 15 out of the 18 local government areas in the state.

He added: “You are not contesting the result of the election, but you are hinging your petition on the chairman of the party, who signed the nomination that was as forwarded to INEC. I don’t see any court that will allow that.

“For me, it is clear that with God on our side, no matter where they are going about this case, it will be the same result. It is just like when Yoruba people say that if you throw the cutlass up 50 times by the time it is landing, it will land on its side.”

Akeredolu said he was of the firm belief that it was either the PDP was the one instigating Jegede to challenge the result in court or he is the one pushing himself.

Reacting to the judgment, the state APC declared the action of the Appellate Court as an affirmation of the people’s decision.

However, the PDP and candidate of the party said the decision of the court would be challenged at the Supreme Court.

The PDP’s position was contained in a statement signed by the party’s state Publicity Secretary, Mr. Kennedy Peretei.

The PDP said: “In concluding her lead judgement, Hon. Justice Theresa Orji-Abadua said the appeal was partially dismissed and partially allowed. To the ordinary man in the street, the judgement was ‘inconclusive’, and we must approach the Supreme Court to help them conclude the judgement.”