Appeal court sacks Ogun PDP lawmaker, declares APC winner
The Court of Appeal, Lagos division, has nullified the election of Babajide Owoduni of the Peoples Democratic Party (PDP) as the lawmaker representing Ikenne constituency in the Ogun State House of Assembly.
The court declared Kunle Sobukola of the All Progressives Congress (APC) the winner of the March 18 State Assembly election in Ikenne state constituency.
The 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.
Politics Nigeria reports that INEC had 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.
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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.
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