Appeal Court Dismisses Suit Seeking Disqualification Of Ogun Governor-Elect - THE ENCOUNTER NEWS

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Monday, May 6, 2019

Appeal Court Dismisses Suit Seeking Disqualification Of Ogun Governor-Elect



Michael-Azeez Ogunsiji 
ABUJA -  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 sought 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 number CA/A/269/2019,  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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