iDeemlawfulThe spokesperson for the candidate contesting for the Irepodun/Isin/Ekiti/Oke-Ero Federal Constituency has made a public statement addressing mix-up on court judgment between his principal, Cornelius Oluwasegun Adebayo and Tunji Raheem Ajuloopin.
Read statement below:
The Court of Appeal sitting in Ilorin today, 12th day of January, 2022 gave judgements in respect of two (2) cases before it viz;
1. All Progressive Congress (APC) V. Cornelius Oluwasegun Adebayo and 2 Ors. (Marked as 101)
2. Hon. Tunji Raheem Olawuyi V. Cornelius Oluwasegun Adebayo and 2 Ors. (Marked as 102)
The duo cases was filed against the decision of the Federal High Court which was in favor of Oluwasegun Adebayo and confirmed him as the validly elected candidate of the All Progressive Congress (APC) for Irepodun/Isin/Ekiti/Oke-Ero Federal Constituency. Thereby declaring the purported Ajuloopin rerun election as null, void and inconsistent with the provisions of relevant laws.
On appeal, the Presiding Justice of the Court of Appeal delivered both judgements simultaneously and granted the appeal of the All Progressive Congress (APC). APC grounds of appeal includes; dismissing the decision of the Federal High Court for lacking jurisdiction because the Originating process which was used to commence the proceeding was defective as a result of the Court’s Registrar omission/failure to sign and seal it.
The Appeal Court held that any defect in an originating process used in commencing a proceeding will not be treated as a mere technical failure but shall also affect the substance of the matter, and as such overulled the decision of the Federal High Court.
On the Second judgement in the case filed by Hon. Tunji Raheem Olawuyi Ajuloopin against Cornelius Oluwasegun Adebayo & 2 Ors, the judge noted that the appeal is allowed in part and went further to state the judgements.
The Justices noted that the evidence before the court clearly shows that Ajuloopin contested for Kwara South Senatorial seat and Lost by 4 votes to the incumbent Senator Lola Ashiru. The justice confirmed that Ajuloopin purchased nomination form for senate, campaigned for senate and infact printed posters and banners to that effect.
The Justice went on to state that it is not allowed in law to contest for two positions at a time.
As regard the rerun election, the Sitting Justice confirmed the Independent National Electoral Commission (INEC) report that the primary election of May 27th, 2022 which produced Cornelius Oluwasegun Adebayo as winner was validly done without any iota of disruption.
The Justice also confirmed that Ajuloopin’s claim of his name being excluded from the original Federal House of Representatives primary election contradicted the report of the National Working Committee of APC which claimed that the reason for the rerun election was because of disruption that occured on the previous process. Whereas the official report from INEC affirmed that the First primary election which confirmed C.O Adebayo as winner was free, fair and credible without any form of violence or disruption.
Of the four issues for determination on the appeal filed by Ajuloopin, the Justice decided three (3) of the issues in favor of Oluwasegun Adebayo. Thereby confirming Ajuloopin rerun stand as unknown to law.
For the purpose of clarity, as it stands;
- Hon. Raheem Olawuyi Ajuloopin was never declared winner by the Court of Appeal.
- The Court of Appeal recognized as authentic and valid, the primary election which confirmed Cornelius Oluwasegun Adebayo as winner.
- The Court of Appeal struck out the Federal High Court ruling for technical reasons of not having a properly signed process before it. Thus, lacking jurisdiction on the initial matter.
- Even if there was a rerun election, Ajuloopin is not eligible to contest since a person is not allowed by law, to contest for two positions at a single electioneering period as expressly stated in the new Electoral Act (2022) as amended.
- By necessary implications, the first primary election which saw Cornelius Oluwasegun Adebayo as winner still subsist since Ajuloopin is ineligible for the House of Reps election.
- The court however failed to mention who is to be given the ticket since it was not a prayer sought by the parties before the court.
- Both parties may need to go to the supreme court to get a final verdict on the matter.
With this, we do sincerely hope that the general public is now enlightened about the true position of the matter‼️
