The Court of Appeal sitting in Lagos on Wednesday nullified the election of Babajide Owodunni of the Peoples Democratic Party, PDP, as the lawmaker representing Ikenne State Constituency in the Ogun State House of Assembly.
Consequently, the court declared the candidate of the All Progressives Congress, APC, Kunle Sobukola, as the winner of the state assembly election held on March 18, 2023.
The court, in the appeal with suit number CA/1B/EP/SHA/OG/23/2023 Hon Olakunle Sobukanla & Anor v. INEC & 2 Ors, therefore directed the Independent National Electoral Commission to issue Sobukola Certificate of Return, being the duly elected legislator representing Ikenne State Constituency in Ogun State House of Assembly.
Recall that INEC had declared Owodunni the winner of the House of Assembly election in the March election.
That was despite Owodunni having, on March 6, 2023, 12 days before the election, resigned as a member of the PDP and withdrawn from the contest in letters delivered to the PDP and INEC.
He also swore an affidavit of voluntary withdrawal from the race at the Ogun State High Court.
Efforts by the PDP to replace him as candidate proved abortive as INEC was said to have refused the replacement, retained Owodunni as the recognised candidate, and then issued him a certificate of return.
The tribunal accepted the evidence that Owodunni was not under duress to withdraw from the race as he had claimed.
The Court of Appeal, in a panel comprising of Hon Justice Theresa Ngolika Orji-Abadua, Hon. Justice Mohammed Baba Idris and Hon. Justice Hadiza Rabiu Shagari saw merit in the strong legal arguments against Owodunni and upheld them.
As a result, the withdrawal of Owodunni was upheld by the appellate court while his declaration and return by INEC were set aside.
