Appeal Court Upholds Ekiti PDP Lawmaker’s Election

Appeal Court Upholds Ekiti PDP Lawmaker’s Election

The Appeal Court in Ado-Ekiti, the Ekiti State capital has upheld the election of a member of the Ekiti State House of Assembly, Mr Musa Arogundade.

Toyin Obayemi had earlier approached the Federal High Court, in the state’s capital to challenge his position as the lawmaker representing the nullification of his election as the lawmaker representing Ado Constituency 1 in the state legislature.

Joined as defendants in the suit are Independent National Electoral Commission (1st), Odunayo Talabi, (2nd) who was declared the winner of the primary, PDP (3rd) and Arogundade (4th).

Justice Taiwo of the FHC had declared Toyin Obayemi as the rightful occupant of the Assembly seat for not being validly nominated for the 2015 election by the Peoples Democratic Party (PDP).

The court also held that Arogundade was never qualified to stand as a candidate at the poll on grounds that he fraudulently obtained an Abuja Federal High Court order to validate his candidacy.

But respite, however, came on Friday for Arogundade when the Appellate court in its unanimous judgment delivered by Justice Ahmad Belgore, said the lower court judgment delivered by Justice Taiwo Taiwo on July 4, 2016, was a fundamental flaw and baseless.

The court noted that particularly that Obayemi Toyin lacked locus standi to challenge the Appellants and the decision of Court in FHC/ABJ/CS/125/2015 alleging fraud wherein he was not a party, no relief granted in his favour or against him nor challenge same on appeal.

Justice Toyin also noted that the trial Court was biased by determining the matter on Originating summons wherein fraud was alleged.

In nullifying Musa Arogundade’s election, Justice Taiwo had in his July 4, 2016, dismissed the argument by counsel for the second to fourth respondents’ (Odunayo, PDP and Arogundade) reliance on the Supreme Court’s judgment in the case of Alhassan Vs Ishaku, which vested the power to choose a candidate in an election on the political party.

In its judgment today, the Appeal Court unanimously set aside the lower court judgment, thereby paving way for Musa Arogundade to continue as a member of the Ekiti State House of Assembly.