TheCable

The court of appeal in Abuja has upheld the candidature of Dapo Abiodun, flagbearer of the All Progressives Congress (APC) in Ogun state gubernatorial poll.

Abiodun defeated Adekunle Akinlade of the Allied Peoples Movement (APM) to emerge governor-elect.

But Abdulrafiu Baruwa, a member of the All Progressives Congress (APC) in the state, had appealed the decision of an Abuja high court dismissing the suit challenging Abiodun’s candidacy over “false information” contained in the academic qualification he submitted to the Independent National Electoral Commission (INEC).

Baruwa also said Abiodun be disqualified for failing to participate in the one-year compulsory National Youth Service Corps (NYSC).

Baruwa had sought that Abiodun be disqualified and Jimi Lawal who came second in the APC governorship primary, be the party’s flagbearer in the polls.

The high court had dismissed the suit on the grounds that the NYSC certificate is not a requirement to contest the election.

Dissatisfied with the court’s ruling, Baruwa appealed the judgment before the appellate court. Abiodun and the APC were named as respondents in the appeal.

The court had reserved judgment in the matter last week after the adoption of briefs of arguments by lawyers involved.

Damian Dodo, counsel to APC, argued that the high court lacked the territorial jurisdiction to entertain the suit from the beginning while Abiodun’s counsel, Kehinde Ogunwumiju, also argued that the suit was filed outside the 14 days provided by the 4th alteration of act of 2017, adding that the governor-elect did not breach the electoral act.

Delivering judgment on Monday, the appellate court ruled that the high court lacked jurisdiction to hear the matter in the first place.

It also upheld Ogunwumiju’s argument that the submission of the form CF001 occurred outside the 14 days statutory provision.

The court, therefore, dismissed the appeal on grounds that it lacked merit and upheld Abiodun’s candidacy.