The All Progressives Congress (APC) governor of Ogun State, Dapo Abiodun, was declared the winner of the March 18 governor’s race by the Court of Appeal in Lagos, in a historic ruling.

 

Justices J.S. Ikyegh and Muhammad Mustapha issued the majority decision for the court, dismissing the People’s Democratic Party (PDP) candidate Hon. Ladi Adebutu’s appeal for lack of merit.

 

The appellate court’s decision upheld the earlier verdict of the Ogun State Governorship Election Petition Tribunal, which on September 30, 2023, validated Governor Abiodun’s victory in the election.

Hon. Ladi Adebutu, the PDP gubernatorial candidate, contested the tribunal’s judgment and brought the case to the Court of Appeal. However, the court, in a majority decision of 2 to 1, upheld the dismissal of the appeal.

The Court of Appeal highlighted several critical points in its judgment. Firstly, it emphasized that the burden of proof lies with the petitioner to substantiate claims of election malpractice, noting that Adebutu’s team failed to provide sufficient evidence to support their claims.

Furthermore, the court addressed allegations of certificate forgery against Governor Abiodun, stating that Adebutu’s camp failed to prove these allegations, and the tribunal did not accept certain witnesses’ testimony due to inconsistencies.

The appellate court also supported the decision to exclude the evidence provided by forensic experts, emphasizing a lack of substantial evidence in Adebutu’s petition. It further dismissed claims of disenfranchisement, highlighting that no evidence was presented to support this allegation.

Finally, the court upheld the principle that correctness of a decision takes precedence over the reasoning behind it, reinforcing that in this case, the conclusion regarding Governor Abiodun’s victory remained unchanged.

In a summary of the judgment, the court declared, “The burden of proof lies with the petitioner to substantiate claims of malpractice. In this case, the evidence presented lacked substance. The appellate courts do not intervene in assessments unless there are glaring errors. We affirm the previous decision based on the conclusion that the petitioner failed to prove their claims.”

The Court of Appeal’s decision solidifies Governor Abiodun’s win in the March 18 gubernatorial election in Ogun State, marking the conclusion of a legal challenge against his victory.