The Peoples Democratic Party and its candidate for the Ekiti State governorship poll, Kolapo Olusola-Eleka’s appeal challenging the declaration of Kayode Fayemi of the All Progressives Congress as the winner of the election has been dismissed by the Supreme Court on Friday.
Confirming Fayemi’s election, the five-man Supreme Court panel led by acting Chief Justice of Nigeria, Justice Tanko Muhammad, unanimously held that the appeal challenging the outcome of the polls lacked merit.
Justice John Okoro, who read the lead judgment, affirmed the judgments of both the Ekiti State Election Petitions Tribunal and Abuja Division of the Court of Appeal dismissing the petition challenging the outcome of the July 2018 election.
He held that the Supreme Court could not interfere with the “concurrent findings” of both the tribunal and the Court of Appeal since the appellants (PDP and Olusola-Eleka) had failed to establish that the two lower courts, in their judgments, misapplied the law and the facts of the case leading to miscarriage of justice.
He ruled, “I have carefully considered the issues canvassed by all the parties to the appeal.
“I am satisfied to hold that there is no merit in this appeal.
“It has to be noted that the two courts below are concurrent in their findings.
“It is trite that this court is always very hesitant to interfere with concurrent findings of two lower courts unless their findings are shown to be manifestly errorneous.
“Only where the appellant has established that clear errors of law or facts which application leads to miscarriage of justice that this court can interfere to reverse the concurrent findings.
“As I have said earlier, there is no merit in this appeal, and is accordingly dismissed.
“I affirm the judgment of the lower court and I make no other as to cost.”
Other members of the apex court’s panel, Justices Muhammad (Acting CJN), Olukayode Ariwoola, Paul Galinje, and Uwani Abba-Aji, agreed with the lead judgments delivered by Justice Okoro.
The Independent National Electoral Commission had declared Fayemi the winner of the election after polling 197,459 votes. Olusola-Eleka placed second with 178,121 votes.
Dissatisfied with the outcome, Olusola-Eleka and his party approached the tribunal sitting in Abuja to stop Fayemi.
The petitioners alleged among others that the election was marred by irregularities.
But the tribunal on January 28, 2019 dismissed their petition and confirm the results declared by INEC.
The petitioners further appealed to the Court of Appeal, which dismissed the case for lack of merit.
Delivering judgment, Justice Stephen Adah, who led the three-man panel of the Court of Appeal, resolved all the seven issues raised against the appellants and in favour of the respondents – Fayemi, INEC and the APC.
In their further appeal to the Supreme Court, the PDP and Olusola-Eleka, urged the apex court through their lawyer, Yusuf Ali (SAN), to overrule the lower court.
But the Supreme Court dismissed the appeal on Friday, laying to rest the dispute arising from the governorship election.
