In the majority judgment delivered by Justice Emmanuel Agim, four of the seven-member panel, dismissed the appeal by Eyitayo Jegede and his party, the Peoples Democratic Party (PDP) on the grounds that it was incompetent.
Justice Agim upheld an earlier judgment of the Court of Appeal, that the petition filed by Jegede and his party at the election tribunal was incompetent because they failed to include the Yobe Governor and Chairman of the Caretaker Committee of the APC, Mai Mala-Buni as a party.
Odili and two other members of the panel were of the view that since the APC, for which Buni acted, was a party in the case, there was no need to include him as a party.The main appeal, was filed by the candidate of the Peoples’ Democratic Party (PDP) in the last governorship election in Ondo State, Eyitayo Jegede against Akeredolu, challenging the competence of APC’s sponsorship of Akeredolu for the election.
He also prayed the apex court to declare him winner on grounds that the emergence of the APC candidate breached the nation’s constitution.
The News Agency of Nigeria (NAN) reports that on July 16, the Court of Appeal led by Justice Theresa Orji-Abadua had dismissed the petition filed by Jegede while affirming Akeredolu as the winner of the poll.
In its verdict, the Appeal Court had out of 7 issues raised for determination resolved four and half in favour of Jegede and the rest two and half in favour of Akeredolu.
Not satisfied with the decision of the Appellate Court, both Akeredolu, Jegede, and INEC approached the Supreme Court for the invalidation of both the Election Petition Tribunal and Appeal Court.(NAN)