The Appeal Court, Ado Ekiti, on Friday, upheld the election of a member of
the Ekiti State House of Assembly, Mr. Musa Arogundade, dismissing the
Federal High Court, Ado Ekiti judgment of July 4, 2016, declaring
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 Appeal 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
The Court of Appeal also noted that the trial Court was biased by
determining the matter on Originating summons wherein fraud was
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
In its judgment today, the Appeal Court unanimously set aside the
lower court judgment, thereby paving way for Musa Arogundade to
continue as member of the Ekiti State House of Assembly.