Appeal court affirms Akinlade, upturns federal high court decision
The Ibadan Division of the Court of Appeal has reinstated Hon Abiodun Isiaq Akinlade as the candidate of the All Progressives Congress (APC) for the Egbado South/Ipokia Federal Constituency in the 2023 House of Representatives elections in Ogun State.
Penpushing reports that, the panel comprising Justices Adumein, Nimpar, and Ojo delivered the judgement in an appeal in favour, Akinlade who had earlier been sacked by the lower court to participate in the forthcoming elections, and set aside the erroneous judgment of the Federal High Court that had removed him.
The court first determined an application filed by Kehinde Ogunwumiju (SAN) on behalf of All Progressives Congress( APC) asking the court to strike out the written argument filed by Chief Micheal Adebayo Adeleke in response to the appeal.
Penpushing further reports that, Adeleke had won the case at the Federal High Court, while the All Progressives Congress (APC) argued that the written argument filed by Adeleke was incompetent, having been filed outside the time stipulated by the Election Judicial Proceedings Practice Direction 2022.
The Court of Appeal In agreeing with the appellant’s submission held that the Practice Directions apply to both election and pre-election matters as well as any appeals arising therefrom, that under those Practice Directions, Adeleke had five days within which to file his argument, and that Adeleke failed to deny All Progressives Congress(APC’s) sworn affidavit that Adeleke filed his written argument outside the time allowed by the Practice Directions, thereby admitting the allegation.
Penpushing also reports that, the justices further confirmed that from the court’s records, Adeleke indeed filed his argument on 8 November 2022 whereas the deadline for filing was 7 November 2022.
The panel remarked that because of the special nature of election and pre- election mattes, the law does not allow the court to extend time for the filing of argument or the doing of any act in election and pre-elections.
Penpushing reports that, following decided cases like Tony Okechukwu v. INEC & 25 Ors. (2014) 17 NWLR (Pt. 1436) 352, the court held Adeleke’s written brief of argument to be incompetent and accordingly struck it out for being incompetent.
The Court of Appeal in determining the substance of the appeal considered whether the trial court was right to have assumed jurisdiction over Adeleke’s suit in the first place, referring to section 285 (9) of the constitution, the words of which the court stated are unambiguous and allows aspirants only fourteen (14) days to file pre-election cases.
Penpushing further reports that, the court held that Adeleke’s complaint was triggered on 27 May 2022 but his suit was filed outside the period of 14 days stipulated by the constitution for the filing of pre-election matters, and accordingly, the Federal High Court lacked jurisdiction to entertain his claim, and was wrong to have adjudicated the dispute.
The Court of Appeal therefore allowed the All Progressives Congress (APC’s) appeal, set aside the judgement of the Federal High Court, dismissed Adeleke’s case, and reinstated Hon Isiaq Akinlade as APC’s authentic candidate in the coming 2023 elections for the Egbado South/Ipokia Federal Constituency.
Penpushing also reports that the State Publicity Secretary of the All Progressives Congress (APC), Ambassador Tunde Oladunjoye, while commenting on the development stated that justice has been served.
‘We knew we had a strong case, that was why we approached the Appeal Court and now that it is resolved in our favour, our candidate can commence his campaign in full blast, devoid of distractions”, Oladunjoye emphasised.
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