PASTOR AKINGBOYE LEKE DAVID & ANOR v. PRINCE ABAYOMI B. AKINRUNTAN & ORS

CORAM

PARTIES

1. PASTOR AKINGBOYE LEKE DAVID2. ALL PROGRESSIVES CONGRESS (APC) APPELLANTS

1. PRINCE ABAYOMI B. AKINRUNTAN2. PEOPLES DEMOCRATIC PARTY (PDP)3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)4. THE RETURNING OFFICER, ILAJE CONSTITUENCY I RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The 1st Appellant, 1st Respondents and three other candidates contested election into the Ondo State House of Assembly to represent Ilaje Constituency under the respective platforms of their parties. At the end of the election, the 1st Respondent was returned as duly elected having scored the highest votes. The Appellant hence filed a petition before the Ondo State House of Assembly Election Petition Tribunal challenging the return of the 1st Respondent. He sought some relief among which are that it may be determined and declared that the 1st Respondent was not duly elected or returned by majority of lawful votes cast at the election held on 11th April, 2015 to elect a member representing the Ilaje Constituency I in the Ondo State House of Assembly (2015-2019), that it may be determined and declared that the election and return of the 1st Respondent are vitiated by corrupt practices or widespread acts of substantial non-compliance. At the conclusion of the trial, the Tribunal dismissed the petition. Dissatisfied with the decision the Appellant has filed an appeal before this court.

HELD

Appeal Dismissed

ISSUES

? Whether considering the facts of the petition, the evidence and the applicable law, the trial tribunal was not in grave which occasioned a miscarriage of justice when it held that the House of Assembly election of 11th April, 2015 into the Ondo State House of Assembly in Ilaje Constituency I was not inconclusive (Distilled from Grounds 1, 2, 3, 4 and 15 of the Notice of Appeal dated 11th November, 2015)? Whether the Tribunal was not in error when it held that the 1st Respondent despite over-whelming evidence to the contrary was qualified to have contested the House of Assembly election of Assembly of 11th April, 2015 in Ilaje Constituency of Ondo State (Distilled from Grounds.10,!11, 12,-13, 16, 17, 18 and 20 of the Notice)? Was the lower Tribunal not in serious error which error occasioned a miscarriage of justice when it failed to consider and determine Appellants’ complaint that the election and return of the 1st Respondent was marred and vitiated by substantial noncompliance with the Electoral Act 2010 (as amended) and INEC Guidelines for election, 2015 and other vital issues raised for its consideration and determination (Distilled from Grounds 5, 6, 7, 8, 9, 14 and 19 of the Notice”