Appeal Court Upholds Ekiti PDP Lawmaker’s Election
The Court of Appeal sitting in Ado Ekiti on Friday upturned the judgement of a Federal High Court, which sacked Musa Arogundade as a member of the Ekiti State House of Assembly.
The appellate court dismissed the High Court, Ado Ekiti, judgment of July 4, 2016, declaring Toyin Obayemi as the rightful occupant of the Assembly seat.
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 was a fundamental flaw and baseless.
The court noted that Obayemi lacked locus standi to challenge the appellants.
The Court of Appeal also noted that the trial court was biased by determining the matter on originating summons wherein fraud was alleged.
The appeal was filed by Arogundade, against the judgment of the Federal High Court which declared Obayemi, as the valid candidate of the Peoples Democratic Party (PDP) for the April 11, 2015 Assembly poll.
Justice Taiwo not only nullified Arogundade’s election, he ordered him to refund all salaries, allowances and emoluments he had received since his inauguration.
The lower court held that Arogundade fraudulently obtained a Federal High Court, Abuja order to validate his candidacy and that he served as an agent to another contestant, Odunayo Talabi, at the poll and was never a candidate.
Dissatisfied with the judgment, Arogundade filed an appeal and joined Obayemi, the Independent National Electoral Commission (INEC), Talabi and PDP as respondents.