In a unanimous judgment yesterday, the apex court threw out the multiple appeals challenging the election of Mimiko describing it as unmeritorious.
The appellants, Chief Oluwarotimi Akeredolu (SAN) and his defunct political party, Action Congress of Nigeria (ACN) as well as his counterpart from the Peoples Democratic Party (PDP), Chief Olusola Oke, had filed appeals against the decision of the Court of Appeal.
Also, Mimiko and his Labour Party (LP) filed a cross-appeal against the judgment of the Court of Appeal which was equally dismissed by the Supreme Court.
The development caused jubilation amongst supporters of the governor, who had thronged the court to keep vigil for the anticipated judgment.
The environment was electrifying as praise-singers went into work, singing praises to God and for justices of the Supreme Court and the governor.
Delivering his lead judgment in the appeal brought by ACN and Akeredolu, Justice Nwali Sylvester Ngwuta held that the allegations of manipulation of the voters register with respect to the injection of 100,000 names as well as the allegations of substantial non-compliance and infractions against the Electoral Acts were not substantiated by the appellants.
In addition, Justice Ngwuta held that the failure to produce the alleged manipulated voter register for the purpose of comparing it with the one used for the election by the appellants made their case fatal.
He said even if it was proved that the 100,000 voters turned out and voted for the governor and the court proceeded to remove their votes, the governor could still have won given the wide margin between them.
The court held that the evidence of the expert produced by Akeredolu were based on hearsay and therefore inadmissible in law.
“The evidence of the alleged experts lacked credibility and the court is not bound to accept the evidence of an expert especially when the expert witness trade himself as hawking his profession for a fee.
“The court has a duty to treat such evidence with disdain. Afterall, ‘he who pays the piper dictates the tune.”
“Overall, the issues raised in this appeal lacked merit and are hereby dismissed. I hereby affirm the judgment of the Court of Appeal.
Also, the appeal brought by the PDP and its candidate, Chief Olusola Oke suffered a similar fate as it was equally dismissed.
In her lead judgment, Justice Mary Peter-Odili, held that the alleged acts of non-compliance with the Electoral Act as well as multiple addition of names in the election register and non- display or publication of same did not in anyway vitiate the out come of the election.
Besides, Justice Odili held that the appellants, “failed to prove that the alleged injection or additional names into the register substantially affected the outcome of the election.”
In his concurrent judgment, Justice Samuel Nkanu Onnonghen said the register was not produced in court and there was no evidence that those people whose names were injected in the register participated in the voting at the election.
From GODWIN TSA Abuja
Culled from The Sun newspaper
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