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Babajide Owodunni: Appeal Court Sacks Ogun PDP Lawmaker - Politics - Nairaland 5g3765

Babajide Owodunni: Appeal Court Sacks Ogun PDP Lawmaker (17827 Views)

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Addme: 8:49am On Nov 23, 2023
The Court of Appeal sitting in Lagos has nullified the election of Babajide Owoduni of the Peoples Democratic Party as the lawmaker representing Ikenne State Constituency in the Ogun State House of Assembly.

The court therefore declared Kunle Sobukola of the All Progressives Congress the winner of the March 18 State Assembly election in Ikenne State Constituency.

The appellate court in the appeal with suit number CA/1B/EP/SHA/OG/23/2023 Hon Olakunle Sobukanla & Anor v. INEC & 2 Ors directed the Independent National Electoral Commission to issue Sobukola Certificate of Return as the duly elected member representing Ikenne State Constituency in the State House of Assembly.

In March 2023, INEC declared Owodunni the winner of the election, despite the fact that on March 6, 2023, 12 days before the election, Owodunni resigned from the PDP and withdrew from the contest in letters delivered to the PDP and INEC.

Owodunni also went to Ogun State High Court, where he swore an affidavit of voluntary withdrawal from the race.

At the time, when PDP received Owodunni’s resignation and withdrawal notices, PDP wrote to INEC in an attempt to replace him, but INEC refused the replacement, retained Owodunni as the recognised candidate, and then issued him a certificate of return.

At the tribunal, Owodunni narrated a story about how he was kidnapped and forced to sign the withdrawal letters and affidavit.

Counsels to Sobukanla and the APC confronted him with contrary evidence, showing that Owodunni was freely campaigning for the APC after withdrawing from the race.

They also played a video in which Owodunni said, “As far as this local government is concerned, PDP does not have a candidate in Ikenne Local Government. I still remain the bonafide PDP candidate and I willingly withdraw my mandate that I no longer have any dealings with them.”

With these crucial pieces of evidence, the Tribunal rejected Owodunni’s claim of duress and held that Owodunni truly withdrew from the race.

However, the tribunal refused to void Owodunni’s return by INEC on the grounds that Owodunni withdrew less than 90 days before the election and that such a withdrawal was invalid.

In the appeal, APC and Sobukanla argued that a withdrawal can be made at any time and that a withdrawal is complete once it is made in writing and delivered to the political party in question, irrespective of whether the political party informs INEC or not.

APC and Sobukanla argued that the 90 days stipulated in the Electoral Act is just the deadline for a political party to replace a withdrawn candidate, but that there is no provision of the Act or legal principle that prevents a candidate from withdrawing less than 90 days before an election because withdrawal is complete the moment it is communicated to the party, stressing that the party has no role to play.

They referred the Court of Appeal to the decisions of the Supreme Court in PDP v. INEC and the Presidential Election Petition Court in APM v. INEC, both of which were decided this year on the alleged double nomination of Vice President Kashim Shettima.

The Court of Appeal, in a comprising of Hon Justice Theresa Ngolika Orji-Abadua, Hon. Justice Mohammed Baba Idris and Hon. Justice Hadiza Rabiu Shagari saw merit in these strong legal arguments and upheld them.

Consequently, the withdrawal of Owodunni was upheld by the appellate court while his declaration and return by INEC were set aside.

https://punchng.com/appeal-court-sacks-ogun-pdp-lawmaker/

5 Likes 1 Share

pyyxxaro: 8:54am On Nov 23, 2023
I’m just here to read comments 🤷🏿‍♂️
FreeStuffsNG: 9:08am On Nov 23, 2023
As in...........He went as far as the court to swear an affidavit that he voluntarily withdrew his PDP hip.
He really tried. Smh.

I hope Alhaji Atiku has heard about this case. From the PDP Presidential primaries at the national level down to Local government, PDP really messed up. This is a low-budget case of PDP Plateau where PDP stalwarts used the courts to hurt their own political party. In Lagos PDP, Pa Olabode George worked against Jandor in broad daylight sef. Check my signature for free stuffs!

23 Likes 2 Shares

Bobloco: 9:34am On Nov 23, 2023
FreeStuffsNG:
As in...........He went as far as the court to swear an affidavit that he voluntarily withdrew his PDP hip.
He really tried. Smh.

Iii hope Alhaji Atiku lost hhas heard about this case. From the PDP Presidential primaries at the national level down to Local government, PDP really messed up. This is a low-budget case of PDP Plateau where PDP stalwarts used the courts to hurt their own political party. In Lagos PDP, Pa Olabode George worked against Jandor in broad daylight sef. Check my signature for free stuffs!

It's actually the other way around, APC is using court to hunt down opposition political parties

13 Likes 3 Shares

Higherthan: 10:12am On Nov 23, 2023
APC giving PDP same dose,but now in multiple folds grin
Been a while I heard about lazy people's party (LP) AKA Andrew liver salt they have risen and fell flat cheesy cheesy grin

20 Likes 3 Shares

taiwotimitt: 10:12am On Nov 23, 2023
why court no go sack him, see is nickname JADOBO grin grin grin grin grin

10 Likes 2 Shares

money121(m): 10:14am On Nov 23, 2023
Ok
ajepako(f): 10:14am On Nov 23, 2023
Am I suprised?

No..

One party state loading..

Clap for our judiciary for this brand new genre of democracy

6 Likes

iCauseTrouble: 10:14am On Nov 23, 2023
With all the nonsense the judiciary is doing, I can see a revolution coming.
The judiciary is supposed to be the last hope of the common man, but it is now the hope of the highest bidder.

4 Likes

ecolime(m): 10:15am On Nov 23, 2023
It happened in Ogun state, so Democracy is not in danger.

3 Likes

Odetokun3(m): 10:15am On Nov 23, 2023
Bobloco:


It's actually the other way around, APC is using court to hunt down opposition political parties

Try to dey read abeg!

24 Likes 3 Shares

badoh(m): 10:16am On Nov 23, 2023
Bobloco:


It's actually the other way around, APC is using court to hunt down opposition political parties
The guy shot himself. This one no be APC mago-mago.

23 Likes

oluwaseyi0: 10:17am On Nov 23, 2023
Court keep sacking PDP/LP/NNPC election winner and replacing same with APC

the real person with questionable victory in that ogun state is governor Dapo Abiodun

2 Likes 3 Shares

Lovemeharder(f): 10:18am On Nov 23, 2023
undecided
Segzy19: 10:19am On Nov 23, 2023
Hahahaha! What a wierd alias (aka. JADOBO)...

Yoruba speakers will understand the meaning JADOBO....🤣🤣🤣🤣🤣🤣
We don't need such persons in our house of assembly.....

JADOBO bawo?

10 Likes 1 Share

DKM123: 10:19am On Nov 23, 2023
No need to rig and snatch ballot boxes again. There is a new update in town.
Just hand over the AK-47 to the Juthiefdiary and send them to go r0b the people of thier votes....

It's those saying a revolution is coming. LMAO. You mean this same gull!ble, easy to deceive, doc!le Nigerians that will rather commit su!cide than revolt?

This c0wards that are steady defending their t0rmentors and mocking the few who decide to make a clarion call? I will never forget what the same Nigerians did to Tuface when he called for a revolution in 2017 or so. Just dey play....

1 Like 1 Share

voltron14: 10:20am On Nov 23, 2023
iCauseTrouble:
With all the nonsense the judiciary is doing, I can see a revolution coming.
The judiciary is supposed to be the last hope of the common man, but it is now the hope of the highest bidder.

The courts shouldn't sack the opposition so the opposition can say they are fair abi?

7 Likes

Sillys: 10:20am On Nov 23, 2023
iCauseTrouble:
With all the nonsense the judiciary is doing, I can see a revolution coming.
The judiciary is supposed to be the last hope of the common man, but it is now the hope of the highest bidder.
This one no dey read at all.

14 Likes 1 Share

Bubu4Sea: 10:20am On Nov 23, 2023
cool
Kukutenla: 10:20am On Nov 23, 2023
I don't understand o
Is the court now saying PDP did not have a candidate in the elections by virtue of his withdrawal when the people voted for PDP? Shouldn't PDP be allowed to replace him?

1 Like 2 Shares

Nahunger(m): 10:21am On Nov 23, 2023
cheesy

Apc have erubebed him
Apc ti take over
Renewed shege reloaded
babaRUNtinz(m): 10:21am On Nov 23, 2023
Hmmm.. The nickname sha... Jadobo!!?

2 Likes 1 Share

Hndrrxxx(m): 10:22am On Nov 23, 2023
Ggf
Sillys: 10:22am On Nov 23, 2023
Segzy19:
Hahahaha! What a wierd alias (aka. JADOBO)...

Yoruba speakers will understand the meaning JADOBO....🤣🤣🤣🤣🤣🤣
We don't need such persons in our house of assembly.....

JADOBO bawo?
Lmao 😂🤣🤣 Segzy19 JADOBO....😂😂😂

2 Likes

OlujobaSamuel: 10:22am On Nov 23, 2023
Good, how can you withdraw, then want to claim the victory despite campaigning for opposition??

11 Likes 1 Share

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