CaseLaw
ONI Vs. FAYEMI (2013) CLR 5(c) (SC)
Judgement delivered on May 31st 2013
Brief
Facts
The Governorship election was held in all the States of Nigeria including Ekiti State on 14th April, 2007. The People’s Democratic Party flagbearer in Ekiti State, Olusegun Adebayo Oni, was returned as the winner of the election by the 3rd and 4th Respondents. First Respondent, Dr. John Olukayode Fayemi challenged the result of the election at the National Assembly Governorship and Legislative House Election Tribunal constituted for Ekiti State and sitting at Ado-Ekiti on various grounds.
In the judgment delivered on 28/8/2008, the Tribunal dismissed the petition; whereupon the 1st Respondent lodged an appeal before the Court of Appeal, llorin Division. On 12/2/2009, the lower Court delivered its judgment in which it allowed the appeal in part and ordered a supplementary election in 63 words, leaving the result of six (6) wards intact to be added to the result of the supplementary election in the 63 wards affected.
INEC, the 3rd Respondent, duly complied with the order of the lower Court on 24th April 2009 and 5th May, 2009, Both the 1st Appellant and the 1st Respondent contested the election with the candidates of other eleven political parties.
When the result of the supplementary election was added to the result of the six uncontested wards, the 1st Appellant was declared winner with 111,140 votes against the 1st Respondent's 107,017 votes. Again the 1st Respondent challenged the result of the election. In its majority decision rendered on 5/5/2010, the Tribunal annulled the result of the supplementary election in some Wards and dismissed the Petition. First Respondent appealed to the Court of Appeal, llorin Division, against the majority decision of the Tribunal. By its judgment, delivered on 15/10/2010, the Court of Appeal allowed the appeal, set aside the majority decision of the Tribunal and affirmed the minority decision which pronounced the 1st Respondent the duly elected Governor of Ekiti State.
On 13th January, 2011 the Appellant wrote a petition headed "COMPLAINT AGAINST HON. JUSTICE AYO SALAMI & ORS FOR MY PREMEDITATED AND INJUDICIOUS REMOVAL FROM OFFICE AS GOVERNOR OF EKITl STATE" to the Chairman of the National Judicial Council, Supreme Court Complex, Abuja. On 14th March 2011, while the petition was pending before the NJC, the appellants brought a motion on notice pursuant to the inherent jurisdiction of the Court to set aside the judgement of the Court of Appeal.
The ultimate aim of this appeal is to return the 1st appellant to the Government House, Ekiti, as the Elected Governor of the State.