Appeal Court dismisses suit challenging Ogun Gov-elect Abiodun’s qualification

The Court of Appeal in Abuja on Monday dismissed the appeal
seeking the disqualification of the Ogun State governor-elect,
Adedapo Abiodun of the All Progressives Congress.

The suit sough the disqualification of Abiodun to contest the
last governorship election in the state.

A three-member panel of the Court of Appeal led by Justice Datti
Yahaya held that the appeal was unmeritorious.

The appellant, Abdulrafiu Baruwa, had filed the appeal before
the court to challenge the March 7, 2019 judgment of the High Court
of the Federal Capital Territory in Apo, Abuja, which dismissed his
suit faulting Abiodun’s eligibility to contest the March 9, 2019
poll.

Delivering judgment in the suit filed by Mr. Abdulrafiu Baruwa,
a member of APC in the state, Justice Olukayode Adeniyi had held
that the suit, anchored on the failure of Abiodun to declare his
university degree in his Form CF.001 submitted to the Independent
National Electoral Commission, lacked merit.

But arguing his client’s appeal against the judgment, Chief Kanu
Agabi (SAN) had contended that the FCT High Court erred in law by
not disqualifying Abiodun.

APC’s lawyer, Damien Dodo (SAN); and Abiodun’s counsel, Kehinde
Ogunwumiju (SAN), opposed the appeal, insisting that the suit was a
pre-election matter but was filed outside the 14 days provided by
the Fourth Alteration of Act of 2017.

Ogunwumiju added that Abiodun’s refusal to include his
qualification was not a breach of Section 31(6) of the Electoral
Act, 2010.

He added that Abiodun was qualified to contest the election
based on the provision of sections 177 and 182 of the 1999
Constitution.

The Court of Appeal upheld the submissions of the respondents by
dismissing the appeal on Monday. It upheld the judgment of the
lower court.

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