The Court of Appeal Lagos Division has set aside the result of the primary election in Ajeromi/Ifelodun Federal Constituency, which stated that there was no candidate representing the constituency, thereby declaring Mr Francis Bartholomew Chima as the authentic winner and candidate.
In a unanimous judgment in suit No CA/LAG/CV/1222/2022 delivered by the three Justices of the Appeal Court: Onyekachi Aja Otisi who read the judgement and Fatima Omoro Akinbami and Muhammad Ibrahim Sirajo, the court upheld the selection of the Appellant as the authentic winner and candidate of the 3rd Respondent arising from the validity held Primaries of the 3rd Respondent in the Ajeromi/felon Federal Constituency of Lagos State for the forthcoming general elections in 2023 into the Federal House of Representative is hereby upheld.
The appellate court also ruled that the Appellant’s name should be included in the Ballot papers in the forthcoming general elections in 2023 into the Federal House of Representatives for Ajeromi/ifelodunFederal Constituency of Lagos State.
The court further ruled that the judgment of the lower Court delivered on 7/12/2022, wherein the trial Court held that the 3rd Respondent did not have any candidate for the election of Member representing Ajeromi/Ifelodun Federal Constituency for the general election is hereby set aside.
The Appellant, Mr Francis Bartholomew Chima had filed an appeal against the judgment of the Federal High Court, Lagos Division, Coram C.J. Aneke.
The respondents in the suit are Dr Wilson Oladipupo Diriwari, Independent National Electoral Commission (INEC), Peoples Democratic Party (PDP) and Hon. Rita Orji.
The Appellant’s case was that the 3rd Respondent conducted primary elections to select and nominate the 2nd Respondent’s candidate for the Ajeromi/Ifelodun Federal Constituency of Lagos State ahead of the general elections in 2023.
The case of the Appellant was that the said election was conducted by the 3rd Respondent under the supervision of the 2nd Respondent on 23/5/2022. The 1st Respondent and the 4th Respondent were of the position that the said primary election took place on 22/5/2022, and not on 23/5/2022. Each of them claimed to be the winner of the primary election held on 22/5/2022.
The 3rd Respondent’s primary elections into the Federal Constituencies of Lagos State were initially slated to hold between the 22nd – 24th of May, 2022.
The Appellant’s case was that the said the primary election could not hold on 22/5/2022 in some of the Federal Constituencies in Lagos State including Ajeromi/Ifelodun Federal Constituency due to late receipt of logistics and signal from the headquarters of the 3rd Respondent.
As a result, on 23/5/2022 and on 24/5/2022, primary elections into the remaining constituencies where the said primaries could not hold on 22/5/2022 were conducted by the office of the 3rd Respondent, under the supervision of officials of the 2nd Respondent.
The 3rd Respondent and the 2nd Respondent, respectively, issued reports of the said primary elections of 23/5/2022. It was the case of the Appellant that he emerged as the winner of the primary election, according to the result published by the 3rd Respondent.
Without formally cancelling the said primary election of 23/5/2022, the 3rd Respondent rescheduled another election for 6/6/2022, which could not hold due to protests or disagreements over the list of delegates. On the same 6/6/2022, the 3rd Respondent issued the Appellant with a Certificate of Return and forwarded his name to the 2nd Respondent as its candidate for Ajeromi/Ifelodun Federal Constituency of Lagos State for the 2023 General Election. He was also issued with the INEC Nomination Form for members, of the House of Representatives.
According to the Certified True Copy of the judgment signed by S.D. Olafare, the Senior Registrar of the court, the appellate court said: “Having regard to the weight of the evidence adduced by the Appellant, and on the balance of probabilities, it was more probable that the 3rd Respondent held its primary election for the Ajeromi/lfelodun Federal Constituency on 23/5/2022, and the Appellant was declared winner therein. Further, from the said evidence, the 3rd Respondent decided to conduct rescheduled primaries on 6/6/2022 to assuage disagreements and disputes from some of the aspirants over the said primary conducted on 23/5/2022.
When the rescheduled primaries of 6/6/2022 for Ajeromi/Ifelodun Federal Constituency did not hold as a result of disagreements between the aspirants, the 3rd Respondent fell back to the result of its primary election held on 23/5/2022 for the same Ajeromi/Ifelodun Federal Constituency.
The fact that the Certificate of Return was dated the same day that the rescheduled primaries did not hold cannot, without more, affect its validity, more so when the 3rd Respondent has not challenged its validity.
The point has been made that, it is only an authentic election result, and or a validly issued certificate of return, that can prove a candidate to be the winner of an election.
Therefore, the Appellant, who presented both documents to the trial Court, proved his counterclaim. The Issues 1 and 3 as distilled for determination by the Appellant, are resolved in his favour.” https://independent.ng/appeal-court-declares-chima-as-authentic-candidate-of-ajeromi-ifelodun-federal-constituency/?utm_source=&utm_medium=%5Btwitter%5D Nlfpmod Mynd44 
|
