The Court of Appeal in Lagos has upheld the election victory of Governor Dapo Abiodun of the All Progressives Congress (APC) in the March 18 poll in Ogun State, News About Nigeria gathered.
In a majority judgment delivered by Justices J.S. Ikyegh and Muhammed Mustapha on Friday, the court dismissed the appeal brought by the governorship candidate of the Peoples Democratic Party (PDP), Hon. Ladi Adebutu.
The appellate court ruled that the appeal lacked merit and found no substance in the claims put forward by Adebutu.
The decision affirmed the earlier ruling of the Ogun State Governorship Election Petition Tribunal, which had upheld Abiodun’s victory on September 30, 2023.
Adebutu had contested the tribunal’s judgment, leading to the appeal at the Court of Appeal.
The court’s majority decision, with a vote of 2 to 1, stated that it is the responsibility of the petitioner to prove that an election was marred by corrupt practices, a burden Adebutu failed to meet.
The court also highlighted that Adebutu did not substantiate the allegation of certificate forgery against Governor Abiodun.
It noted that the tribunal had reservations about the credibility of certain witnesses due to their demeanour and the orchestrated nature of their testimony.
Addressing the issue of disenfranchisement raised by the appellant, the court pointed out that it was the duty of the appellants to prove such claims by presenting voters who were disenfranchised.
However, the court noted that the appellants failed to do so, as the witnesses called had participated in the voting process.
The Court of Appeal agreed to remove the evidence provided by forensic experts, citing substantial gaps in the appellant’s petition, making it weak and unacceptable.
