Appeal court upholds Ekiti PDP lawmaker’s election

The Appeal Court, Ado Ekiti, yesterday, 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 appellant 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 a member of the Ekiti State House of Assembly.

The Appeal Court, Ado Ekiti, yesterday, 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 appellant 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 a member of the Ekiti State House of Assembly.