Appeal Court Upholds Ekiti PDP Lawmaker’s Election

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

appeal.

 

The Court of Appeal 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 member of the Ekiti State House of Assembly.