Naija News recalls that the APC candidate defeated the candidate of the Allied Peoples Movement (APM), Adekunle Akinlade, to emerge governor-elect.
Apparently displeased with the development, a member of the APC in the state, Abdulrafiu Baruwa, appealed the decision of an Abuja high court dismissing the suit challenging Abiodun’s candidacy over “false information” contained in the academic qualification he submitted to the Independent National Electoral Commission (INEC).
The APC member also said Abiodun be disqualified for failing to participate in the one-year compulsory National Youth Service Corps (NYSC).
He had sought that Abiodun should be disqualified and Jimi Lawal who came second in the APC governorship primary, be the party’s flagbearer in the polls.
The high court had dismissed the suit on the grounds that the NYSC certificate is not a requirement to contest the election.
Dissatisfied with the court’s ruling, the APC member appealed the judgment before the appellate court. Abiodun and the APC were named as respondents in the appeal.
This online news platform recalls that the court had reserved judgment in the matter last week after the adoption of briefs of arguments by lawyers involved.
The counsel to APC, Damian Dodo, argued that the high court lacked the territorial jurisdiction to entertain the suit from the beginning while Abiodun’s counsel, Kehinde Ogunwumiju, also argued that the suit was filed outside the 14 days provided by the 4th alteration of act of 2017, adding that the governor-elect did not breach the electoral act.
Delivering judgment on Monday, the Appeal Court ruled that the high court lacked jurisdiction to hear the matter in the first place.
It also upheld Ogunwumiju’s argument that the submission of the form CF001 occurred outside the 14 days statutory provision.
The appellate court, therefore, dismissed the appeal on grounds that it lacked merit and upheld Abiodun’s candidacy.