The Court of Appeal sitting in Akure, the Ondo State capital, on Friday, upheld the judgment of the Ondo State High Court which sacked a member of the Ondo State House of Assembly and a member of the All Progressives Congress, Mr Sina Akinwunmi representing Okitipupa constituency 2.
The state High Court had on May 15, 2019 ordered the Independent National Electoral Commission to withdraw the certificate of return earlier issued to Akinwunmi and give it to James Ololade-Gbegudu from the same party.
The lower court declared Ololade-Gbegudu winner of the APC State Assembly primary conducted on October 5, last year in the state constituency and nullified Akinwunmi’s election.
Though Akinwunmi contested and won the March 9, 2019 house of assembly election in the constituency, the court ruled that Ololade-Gbegudu won the party’s primary and should be the candidate of the APC in the general election.
Not satisfied with the verdict, Akinwunmi approached the appellate court to challenge the lower court’s judgment.
In a unanimous judgement, delivered by Justices M.A Dajuma, R.A Abdullahi and P.A Mahmoud, the appellate court held that the INEC should recognise Ololade-Gbegudu as the winner of the APC assembly primary.
Obeying the ruling of the low court, INEC last month withdrew the certificate of return earlier issued to Akinwumi and presented a certificate of return to Ololade-Gbegudu as the representative of the Okitipupa constituency 2 at the House of Assembly.
Practical Considerations to Negotiate an Enforceable Joint Operating Agreement in Civil Law Jurisdictions (Netherlands: Kluwer Law International, 2020) By Professor Damilola S. Olawuyi, LL. B (1st Class), BL (1st Class), LL.M (Calgary), LL.M (Harvard), DPhil (Oxford), Professor of Law and Deputy Vice-Chancellor, Afe Babalola University, Ado Ekiti, Nigeria, www.damilolaolawuyi.com. & Professor Eduardo G. Pereira, LL. B (Brazil), LL.M (Aberdeen), PhD (Aberdeen),www.eduardogpereira.com
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