The appeal against the election of Governor Olusegun Mimiko of Ondo state will be determined on Thursday, August 29, the Supreme Court has fixed.
The candidates of the Peoples Democratic Party (PDP) and the Action Congress of Nigeria (ACN), Olussola Oke and Rotimi Akeredolu respectively filed the appeal at the Apex court having lost at the Appellate Court.
In his appeal before the court, Akeredolu is alleging multiple registrations by members of the Labour Party under which Governor that Mimiko contested the election.
Meanwhile, a full panel of the Supreme Court headed by Justice Walter Onnoghen struck out the name of the second appellant, in the first appeal, ACN having merged with other parties to form All Progressive Congress (APC).
Wole Olanipekun, Counsel to Mimiko, had urged the court to take judicial notice of the fact that the second appellant in the first appeal, ACN is no longer in existence as it has submerged to form another party which was not before the court.
In his submission, Counsel to Akeredolu, Wole Aina argued that there was no need taking judicial notice that ACN is no longer in existence since there is no evidence before the court to prove this and moved to substitute the name ACN for APC.
Counsel to Labour Party, Yusuf Ali SAN submitted that the court can take judicial notice of a notorious fact like that of the instant case adding that no one of school age will say he is not aware of the death of ACN as being submerged into APC.
In its ruling, the apex court held that it was the duty of the second appellant to inform the court of the submerge of ACN into APC.
“We have carefully gone through the provision of Section 109(2)(g) and 97 of the Electoral Act, 2010 as amended which the second appellant drew our attention to.
“It does not avail the appellant as the section deals with the candidate and not the party as in this instant case.
“We agree with the submission of the INEC counsel that his court lacks jurisdiction to grant the application because doing so will amount to amendment of the appeal.
“The application is hereby refused; consequently, the name of the second appellant is hereby struck out”.
