Appeal Court affirms Faleke as winner of 2015 poll

The Court of Appeal, Lagos Division, yesterday affirmed the 2015
election of Mr James Abiodun Faleke as the member representing
Ikeja Federal Constituency I at the House of Representatives.

The appellate court, in a unanimous decision, dismissed an
appeal filed by Mr. Kunle Okunola challenging the legality of
Faleke’s transfer of his voter’s card and data back to Lagos from
Kogi State.

The court also awarded costs against the appellant for the first
and second respondents in the appeal – Faleke and the Independent
National Electoral Commission (INEC).

Okunola’s journey to the court followed INEC’s declaration of
Faleke, of the All Progressives Congress (APC), as winner of the
2015 poll.

He challenged Faleke’s victory and lost at the Elections
Petition Tribunal and the Election Appeals Tribunal.

Dissatisfied, the appellant took advantage of Faleke’s foray
into Kogi State to contest the seat of deputy governor, to ask the
Federal High Court for three reliefs, including a declaration that
Faleke’s seat had become vacant and to compel INEC to declare him
winner.

According to him, Faleke’s nomination by the APC for the March
28, 2015 poll, and his subsequent nomination as deputy governorship
candidate for the November 21, 2015 gubernatorial election of Kogi
State, during his subsisting membership of the House of
Representative as a member representing Ikeja Federal Constituency
I, amounts to multiple nomination, hence unconstitutional, null,
void and of no effect whatsoever.

He also sought an order of perpetual injunction restraining INEC
from any further reversal or transfer of Faleke’s voting and
membership data from Ekinrin-Ade Ward in Ijumu Local Government
Area of Kogi State to the Ikeja Federal Constituency I of Lagos
State.

But the lower court dismissed the application as lacking in
merit and a waste of resources and time of the court.

It held that nothing prevented or stopped anyone from moving
freely within the territory of the Federal Republic of Nigeria.

Reacting to the victory, Faleke’s lead counsel, Gboyega Oyewole
(SAN), expressed his satisfaction with the judgment delivered by
their lordships.

“It succinctly captured the position of the law. I am relieved
that the unnecessary legal battle has come to a final end,” Oyewole
added.

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