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Governorship elections: Cases of nullified elections

Rotimi Amaechi versus Celestine Omehia, 26 Oct. 2007In a unanimous judgment read by the presiding judge, Justice Aloysius Katsina-Alu, the Supreme Court, in Abuja sacked the Celestine Omehia-led administration in Rivers State and ordered that Rotimi Amaechi be sworn in immediately as governor of Rivers State.

In his judgment, Katsina-Alu said the issues in the matter brought before the apex court by the former Speaker of the Rivers State House of Assembly, Rotimi Amaechi, were similar with those in Araraume vs Charles Ugwuh.

He held that the substitution by the Peoples Democratic Party (PDP) of Rotimi Amaechi, the appellant, was not in compliance with Section 34 (2) of the Electoral Act 2006.

Oshiomhole versus Osunbor, Nov. 11, 2008,
THE Court of Appeal sitting in Benin City upheld the ruling of the state’s elections petitions tribunal, declaring Comrade Adams Oshiomhole to be the Governor of Edo State. The decision was based on several voting irregularities

Segun Mimiko versus Segun Agagu
23rd February 2009
Dr. Olusegun Mimiko competed in gubernatorial elections on April 14, 2007, against the incumbent Olusegun Agagu and lost the contest in April 2007 according to the result released by the Independent Electoral Commission INEC. Following an Appeal Court ruling which cited irregularities in the 2007 election, Agagu was replaced by Mimiko as governor.

Kayode Fayemi versus Segun Oni, Friday, October 15, 2010
The Court of Appeal sitting in Ilorin sacked the Ekiti State governor, Segun Oni. In its ruling, the Court asked Mr Kayode Fayemi, his opponent and Action Congress governorship candidate in the 2007  election, to take over as the legitimate governor and winner of the election.

Great Ogboru versus Emmanuel Uduaghan
Nov. 9, 2010
A COURT of Appeal sitting in Benin, the Edo State capital, annulled the election of Delta State governor, Dr Emmanuel Uduaghan.

The appellate court subsequently ordered fresh elections in the state within  90 days.
The decision followed the appeal brought by Great Ogboru against Governor Emmanuel Uduaghan, the current governor of the state. The appeal panel earlier dismissed the petition brought by AC candidate, Okocha, where he sought the nullification of Uduaghan’s election because of his exclusion from the 2007 election by INEC.

In its judgment, delivered on July 9, 2009 which formed the basis of the appeal, The Retrial Election Petition Tribunal, Asaba dismissed the petition filed by Great Oghoru. The tribunal however held that INEC had no power to exclude any candidate from contesting an election provided such candidate was validly nominated by his party.

In its unanimous judgment, the tribunal held that “the fact that one has been nominated by his party does not constitute a valid nomination. It is clear that valid nomination by a political party goes beyond nomination of a candidate by a political party. To be validly nominated, a candidate must show that he has complied with all the statutory provisions related to the nomination that qualifies him to become a valid candidate in the election.

It is the contention of the respondent that the petitioner has not proved that he complied with the provision of sections 187 sub-section 1 of the 1997 Constitution.

Oyinlola vs Aregbesola
November 26, 2010
THE Court of Appeal sitting in Ibadan, the Oyo State capital, sacked the Peoples Democratic Party, PDP, candidate, Governor Olagunsoye Oyinlola and declared the candidate of the Action Congress of Nigeria, Engineer Rauf Aregbesola as winner of the April 14, 2007 elections.

Aregbesola’s prayer was for the court to nullify the governor’s election and declare him (Aregbesola) as the duly elected governor, having scored the majority of the lawful votes cast. Categorically he is calling for the nullification of the results of the governorship election in 10 local government areas of the state.

The local governments are Boripe, Boluwaduro, Ifedayo, Odo Otin, Ayedaade, Isokan, Ife East, Ife South, Atakumosa West and Ife Central.

Aregbeola based his argument on alleged substantial non-compliance with mandatory provisions of the 2006 Electoral Act, malpractices and violence which he claimed substantially affected the validity of the said election.


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