The Supreme Court on Monday affirmed the nomination of the House of Representatives member representing Oye/Ikole Federal Constituency of Ekiti State, Mr. Peter Owolabi by the All Progressives Congress (APC).
The five-man panel led by Justice Inyang Okoro, dismissed an appeal filed by a defeated contestant in the primary, Mr. Bimbo Daramola, who challenged Owolabi’s victory, claiming that no valid primary was held in the federal constituency.
The nation’s apex court dismissed Daramola’s appeal against Owolabi’s nomination as APC candidate on grounds that it was filed out of time allowed by law.
Counsel to Owolabi, Chief Rafiu Balogun, commended the industry of the Supreme Court and creating time to hear the appeal in spite of short duration when the record was transmitted and briefs filed and exchanged.
Daramola’s counsel, Mr. A.O. Dada, appreciated the Court even though the decision was against the Appellant.
The apex court in the verdict reaffirmed the supremacy of the Constitution as contained in the provision of Section 285 (9) Fourth Alteration of the Constitution which provides for a period of 14 days to file a pre-election.
The matter was filed 25 days after the time allowed by law with the primary election held on 5th October, 2018 while the matter was filed on 31st October, 2018.
The Supreme Court held that Daramola instituted the suit in a wrong jurisdiction having filed the matter before a Federal Capital Territory (FCT) High Court.
The panel agreed with the Court of Appeal that the FCT High Court lacks territorial jurisdiction to entertain the case.
The FCT High Court voided Owolabi’s victory at the APC House of Representatives primary and declared the runner-up in the main election and People Democratic Party (PDP) candidate, Mr. Kehinde Agboola, as the winner.
The lower court subsequently ordered the Independent National Electoral Commission (INEC) to issue Agboola a Certificate of Return with which he was sworn in as a federal lawmaker on 11th June, 2019.
Dissatisfied with the judgment, Owolabi proceeded to the Court of Appeal where he achieved victory with the appellate court nullifying the Certificate of Return issued to Owolabi ordering INEC to issue him (Owolabi) a fresh certificate.
Owolabi was sworn in as a Reps member last Thursday on the strength of the Appeal Court verdict.
But Daramola approached the Supreme Court, which has affirmed Owolabi’s candidacy and election as the House of Representatives member for Oye/Ikole Federal Constituency.
