BY MAYOWA KEHINDE
The Supreme Court of Nigeria in 4 to 3 split decision on Wednesday dismissed the appeal filed by the Peoples Democratic Party and its candidate, Eyitayo Jegede, SAN, against the election of Ondo State Governor, Rotimi Akeredolu, SAN.
The apex court in a majority judgment held that it is not in dispute that governor Mai Buni of Yobe 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.
But the apex court insisted that 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 the allegations, it held.
The Supreme Court affirmed the decision of the lower court that the petition was incompetent.
Justice Mary Odili in a dissenting judgment, however, held that the APC submitted the name of Rotimi Akeredolu to INEC through its nomination form signed by Governor Buni, who was a sitting governor.
She held that as a governor the constitution barred Governor Buni from acting in dual capacities as a Governor and a party executive.
Aligning himself with the dissenting judgment, Justice Ejembi Ekwo held that the position of the majority judgment that Governor Buni was not added as a part was not tenable because when you have the principle you need not add the agent.
Justice Ibrahim Saulawa also adopted the minority Judgment.
