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.
Kolade Akinjo
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.
