The election of Babajide Owoduni, a lawmaker from the Peoples Democratic Party (PDP), to represent the Ikenne constituency in the Ogun State House of Assembly has been declared void by the Court of Appeal, Lagos division.
The All Progressives Congress’ (APC) Kunle Sobukola was proclaimed the victor of the State Assembly election held on March 18 in the Ikenne state constituency by the court.
As the duly elected representative of Ikenne State Constituency in the State House of Assembly, Sobukola Certificate of Return shall be issued by the Independent National Electoral Commission, per the court’s directive in the appeal with suit number CA/1B/EP/SHA/OG/23/2023 Hon. Olakunle Sobukanla & Anor v. INEC & 2 Ors.
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Politics Nigeria claims that INEC pronounced Owodunni the election’s victor, despite the fact that Owodunni withdrew from the race and resigned from the PDP in letters sent to both the PDP and INEC on March 6, 2023, twelve days prior to the poll.
In Ogun State High Court, Owodunni also filed an affidavit voluntarily withdrawing from the race.
When PDP got Owodunni’s notice of resignation and withdrawal, it wrote to INEC to try to get a replacement. However, INEC rejected the application, keeping Owodunni as the official candidate and giving him a certificate of return.
Owodunni told a tale to the tribunal about how he was abducted and coerced into signing the affidavit and withdrawal letters.
Attorneys for Sobukanla and the APC presented him with evidence to the contrary, demonstrating that Owodunni was openly advocating for the APC following his withdrawal from the contest.
They also screened a video in which Owodunni declared, “PDP does not have a candidate in Ikenne Local Government as far as this local government is concerned.” I voluntarily rescind my mandate to stop doing business with the PDP, and I will always be the legitimate candidate.
Owodunni’s claim of duress was dismissed by the Tribunal based on these significant pieces of evidence, which concluded that Owodunni really withdrew from the contest.
Nonetheless, the tribunal declined to nullify Owodunni’s return by INEC, citing Owodunni’s improper withdrawal, which occurred fewer than 90 days prior to the election.
APC and Sobukanla said in the appeal that withdrawals are permissible at any moment and that they become final when they are submitted in writing and received by the relevant political party, regardless of whether INEC is notified or not.
The Electoral Act gives political parties 90 days to replace a withdrawn candidate. However, according to APC and Sobukanla, there is no legal provision or rule that prohibits a candidate from withdrawing less than 90 days prior to an election because the withdrawal process is complete as soon as it is reported to the party, emphasising that the party has no involvement in the process.
The Supreme Court’s ruling in PDP v. INEC and the Presidential Election Petition Court’s ruling in APM v. INEC, both rendered this year regarding Vice President Kashim Shettima’s purported double nomination, were cited by the Court of Appeal.
These compelling legal arguments were upheld by the Court of Appeal, which was composed of Hon. Justices Mohammed Baba Idris, Hadiza Rabiu Shagari, and Theresa Ngolika Orji-Abadua.
As a result, the appellate court maintained Owodunni’s withdrawal while overturning his INEC declaration and return.
