—-Dismisses Dr Komolafe Appeal For Lacking Merit
The Appeal Court Sitting in Akure has affirmed Hon Lawrence Babatunde Ayeni as the authentic Candidate of the All Progressives Congress (APC), for Ilesa East/Ilesa West/Atakunmosa East/Atakunmosa West Federal Constituency, in the forthcoming General Elections.
The affirmation of Hon Ayeni’s candidacy was sequel to his victory at Osogbo Federal High Court, which had earlier declared him winner of the case brought against him by his rival contender, Dr Richard komolafe with suit No FHC/C’S/64/2022.
However, the Plaintiff dissatisfied with the judgment filed an appeal before the Court of Appeal in Akure, against the judgment of the Federal High Court in Osogbo, with the Appeal No. CA/AK/EPT/223/2022.
The main grouse of the Plaintiff, in accordance with the originating summons he filed before the Court, was that ballot papers were not used during the primary election with arguments taken from the respective counsel.
In lead judgment delivered by the Federal High Court, it came to the conclusion that it is the party that has the right to determine the mode of conduct of its primaries, either direct or indirect.
The court also explained that where direct mode of primary was adopted, It was not necessary to use ballot papers as opposed to indirect primaries where ballot papers would be necessary.
It explained further that in all direct primaries, as was done in this case, it is the card carrying members that will vote in accordance with the mode prescribed by the party.
The suit was thereafter dismissed for lack of merit.
At the hearing at the Appeal Court, the court found that the Appellant processes were not proper before the court and as such there was nothing to be determined.
The court said that the Appellant’s brief was filed outside the mandatory seven (7) days as required by the Rules of the Court
The Counsel for the Respondent subsequently moved that the case should be strick out.
The Presiding Justice – Hon. Jus. Ayobode Lokolu Shodipe, Other Justices
Hon. Jus. Chioma Offor, Hon. Jus. Y. Alhaji Basir having listened to the counsels position thereafter strike out the case for lacking in merit.
“Ayeni can now kickstart his campaign in the Ilesa East/Ilesa West/Atakunmosa East/Atakunmosa West Federal Constituency.
Speaking with out correspondent shortly after the judgement, Hon Ayeni commended the judgments of the Federal High Court and the Appellate Court justices saying Democracy is at work.
Ayeni who said the court litigation has hampered his campaign added that since the case had now been laid to rest, he and his teeming supporters will commence their campaign at all the wards and local governments under his constituency.
He, however, appreciated his supporters, APC members and the entire residents of Atakunmosa, Ijesa-south federal constituency for standing for the truth, promising to continue to deliver the dividend of democracy for his people and continues to give them good representation.
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