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LADOJA V. AJIMOBI (2016)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • Justice Walter Samuel Nkanu Onnoghen
  • Justice Nwali Sylvester Ngwuta
  • Justice Mary Ukaego Peter-Odili
  • Justice Musa Dattijo Muhammad
  • Justice Clara Bata Ogunbiyi
  • Justice John Inyang Okoro
  • Justice Amiru Sanusi

Parties:

Appellant:

  • Senator Rashidi Adewolu Ladoja

Respondents:

  • Senator Abiola Adeyemi Ajimobi
  • All Progressive Congress (APC)
  • Independent National Electoral Commission (INEC)
  • Accord
Suit number: SC. 12/2016 & SC. 12A/2016Delivered on: 2016-02-15

Background

This case stems from the 2015 gubernatorial election in Oyo State, where Senator Rashidi Adewolu Ladoja, representing the Accord party, challenged the election of Senator Abiola Adeyemi Ajimobi of the All Progressive Congress (APC). Following the announcement of Ajimobi's victory, Ladoja and his party filed a joint petition to the Oyo State Governorship Election Tribunal, arguing that the election was invalid due to corrupt practices and non-compliance with the Electoral Act.

Issues

The Supreme Court had to address several key issues:

  1. Whether the lower court erred by dismissing the appellant’s preliminary objection regarding the abuse of the appeal process filed by the 1st respondent.
  2. Whether the election of the 1st respondent was invalid due to corrupt practices or non-compliance with provisions of the Electoral Act.
  3. Whether the 1st respondent was duly elected by the majority of lawful votes.

Ratio Decidendi

The Supreme Court held that:

  1. Findings of fact not appealed against are binding on all parties.
  2. The appellants failed to prove their case regarding allegations of election malpractice.
  3. Filing separate appeals arising from a joint petition was an abuse of court process, which the courts should not condone.

Court Findings

The Supreme Court found that:

  1. The evidence provided by the appellant’s key witness, PW1, was inadmissible as it was merely opinion evidence not supported by facts.
  2. The appellants failed to relate the evidence they presented to specific parts of their claims, thus dumping documents without adequate linking evidence.
  3. The methods used to challenge the election result were characterized as misleading and amounted to an abuse of the judicial process.

Conclusion

The Supreme Court affirmed the decision of the lower court, dismissing both appeals. The cross-appeal regarding the abusive nature of the appeal process was allowed, highlighting the importance of maintaining procedural integrity in election petitions.

Significance

This case is pivotal as it reflects the challenges faced in the electoral process in Nigeria. It emphasizes the necessity for strict adherence to procedural rules and the consequences of filing multiple appeals from a joint petition. The ruling underscores the principle that the right to appeal must be exercised within the bounds of the law to prevent abuses that could undermine the judicial process.

Counsel:

  • Aderemi Olatubora [with Nathaniel Egbet et al. for Appellant SC. 12A/16]
  • Wole Aina Esq. [with Oluwole Ilori Esq. et al. for 1st Cross Appellant]
  • Mrs. Adedoyin Rhodes-Vivour [with Anthony Onwaeze Esq. for 2nd Cross Appellant]
  • Olabode Olanipekun [with Bolarinwa Awujoola et al. for 1st Respondent]
  • Oluwarotimi O. Akeredolu, SAN [with Babatunde A. Aiku SAN et al. for 2nd Respondent]
  • Prof. Wahab Egbewole [with Ayo Olarenwaju Esq. et al. for 3rd Respondent]
  • Mr. Lawal Adebayo Adeleke [for 4th Respondent in SC.12A/2016]
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