Appeal court sacks Ogun PDP lawmaker

The Court of Appeal in Lagos has overturned the election of Babajide Owoduni of the Peoples Democratic Party (PDP) as the representative for Ikenne State Constituency in the Ogun State House of Assembly.informationguidenigeria

The court declared Kunle Sobukola of the All Progressives Congress (APC) as the rightful winner of the March 18 State Assembly election for the Ikenne State Constituency.

The case, referenced as CA/1B/EP/SHA/OG/23/2023 (Hon Olakunle Sobukanla & Anor v. INEC & 2 Ors), saw the appellate court direct the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Sobukola, thereby recognizing him as the duly elected representative.NYSC PORTAL

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This decision follows a controversial sequence of events. In March 2023, INEC declared Owodunni as the winner, despite his resignation from the PDP and withdrawal from the election contest on March 6, 2023. Owodunni also affirmed his withdrawal in an affidavit at the Ogun State High Court. Despite these developments, INEC refused the PDP’s request to replace Owodunni and subsequently declared him the winner, issuing him a certificate of return.JAMB Result

During the tribunal hearings, Owodunni claimed that he was forced to sign the withdrawal documents under duress, an assertion he later contradicted in a video statement. The Tribunal rejected Owodunni’s duress claim but initially upheld his election on the grounds that the withdrawal occurred less than 90 days before the election.

In the appeal, the APC and Sobukanla argued that a candidate’s withdrawal is effective once communicated in writing to the party, regardless of whether it is less than 90 days before the election. They cited similar cases decided by the Supreme Court and the Presidential Election Petition Court to bolster their argument.JAMB Portal

The Court of Appeal panel, comprising Hon Justice Theresa Ngolika Orji-Abadua, Hon. Justice Mohammed Baba Idris, and Hon. Justice Hadiza Rabiu Shagari, found merit in these arguments and ruled in favor of Sobukanla. Consequently, Owodunni’s withdrawal was upheld, and his declaration and return by INEC were set aside, leading to Sobukola being declared the rightful winner.

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