Appeal Court upholds elections of three NASS members in Ekiti

The Appeal Court, Ado Ekiti Division, dismissed the appeals of
three Peoples Democratic Party National Assembly candidates in the
February 23 elections in the Northern Senatorial District and
upheld the victory of their All Progressives Congress
opponents.

The three-man Appeal Court panel upheld the election that
produced Senator Olubunmi Adetunmbi (APC Ekiti North), after
dismissing the petition filed by Senator Duro Faseyi of the
PDP.

In the same vein, the Appeal Court affirmed the victory of House
of Representatives member, Peter Owolabi (APC Ekiti North Federal
Constituency I) and struck out the appeal filed by former House of
Representatives member, Kehinde Agboola of the PDP.

The Court also dismissed an appeal filed by Mr Nicholas Omotoso
of the PDP challenging the victory of Ibrahim Olanrewaju (APC Ekiti
North Federal Constituency II).

The PDP candidates, in the three different appeals, were at the
Appeal Court with the claim that the APC Senator and the two House
of Representatives members did not score the highest number of
lawful votes and that the ruling party did not conduct valid
primaries, which meant that the party had no candidates for the
polls.

Justice Hamma Akawu Barka, delivering judgment in Faseyi’s
appeal against Adetunmbi, said the PDP candidate acted like a busy
body by trying to contest the outcome of the APC’s primaries.

He said, “By combined effects of Section 87(9) of the Electoral
Act and Section 285(14) of the 1999 Constitution, only aggrieved
aspirants who participated in a primary can contest its outcome.
Not just anybody. With this, the appellant lacks the locus standi
to have filed this appeal in the first instance.

“Looking at all the exhibits tendered, there was no sufficient
evidence to prove a case of substantial non-compliance against the
respondent, so this case lacks merit and it is hereby dismissed,”
the appeal Court Justice said.

Justice Uzo Ndukwe Anyanwu, who delivered the judgment in the
appeal filed by Nicholas Omotoso of the PDP against Ibrahim
Olanrewaju, said exhibit 3(1) being the report of the Independent
National Electoral Commission on the APC primaries relied upon to
prosecute the suit, was supposed to be tendered by INEC official
and not through the bar.

“We expected the appellant to call the maker of the document so
that he can be cross-examined, but rather, he dumped it on the
court and this makes it lack probative value and the case lacks
merit based on this ground having not called the maker. The
document was rendered useless by this action”.

Justice Alfrieda Oluwayemisi Williams-Daudu, delivering the
verdict in Kehinde Agboola’s petition, adopted the position held
Omotoso’s appeal.

Counsel to the APC candidates, Rafiu Balogun, said, “We are not
surprised at the verdicts of the Appeal justices. We salute their
industry and commend them for being painstaking in dealing with the
issues raised”