The Court of Appeal sitting in Akure on Tuesday
upturned the judgment delivered by the Ondo state election petitions
tribunal which nullified the election of Kolade Akinjo, a member of the
House of Representatives representing Ilaje/Ese Odo federal
constituency.
The tribunal had nullified Akinjo’s election on October 6, on the grounds that he was ineligible to contest in the polls.
Delivering its judgment on Tuesday, November 24, the Appeal Court,
presided over by Justice Abiyiri Shehu, faulted the tribunal judgment,
for ruling that Akinjo was not a member of the PDP at the time of the
election because his membership card was not signed by his ward chairman
and secretary, The Punch reports.
The 3-man panel led by Justice Shehu noted that Akinjo’s challenger,
Lucky Aiyedatiwa, the All Progressives Congress candidate in the
election would have presented a good case if he had presented another
card to show that Akinjo’s card was fake and not credible enough to
attest to his membership of the PDP before the March 28 National
Assembly election.
The court therefore upheld Akinjo as the duly elected representative
of the constituency in the lower legislative chamber but awarded no cost
of damages for the respondents.
Recall that the election tribunal had ruled that Akinjo was not a member of the PDP at the time of the election because his membership card was not signed by his ward chairman and secretary.
The tribunal had ordered the Independent National Electoral Commission to conduct a fresh poll in the constituency.
Akinjo had filed an appeal challenging the verdict of the tribunal.
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