The Appeal Court, Ado Ekiti, today, upheld the election of a member of the Ekiti State House of Assembly, Mr. Musa Arogundade, dismissing the Federal High Court, Ado Ekiti judgment of July 4, 2016, declaring Toyin Obayemi as the rightful occupant of the Assembly seat for not being validly nominated for the 2015 election by the Peoples Democratic Party (PDP).
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, 2016 was a fundamental flaw and baseless.
The court noted that particularly that Obayemi Toyin lacked locus standi to challenge the Appellants and the decision of Court in FHC/ABJ/CS/125/2015 alleging fraud wherein he was not a party, no relief granted in his favour or against him nor challenge same on appeal.
The Court of Appeal also noted that the trial Court was biased by determining the matter on Originating summons wherein fraud was alleged.
In nullifying Musa Arogundade’s election, Justice Taiwo had in his July 4, 2016, dismissed the argument by counsel for the second to fourth respondents’ (Odunayo, PDP and Arogundade) reliance on the Supreme Court’s judgment in the case of Alhassan Vs Ishaku, which vested the power to choose a candidate in an election on the political party.
In its judgment today, the Appeal Court unanimously set aside the lower court judgment, thereby paving way for Musa Arogundade to continue as member of the Ekiti State House of Assembly.