For the third time, Sen. Kola Balogun, has floored former governor Abiola Ajimobi. That means Ajimobi cannot represent Oyo South senatorial district between 2019 and 2023.
The court of appeal sitting in Ibadan, the Oyo State capital, few minutes ago affirmed the judgement of the National Assembly election petition tribunal which had earlier ruled in favor of Balogun.
At today’s judgement, the court dismissed the All Progressives Congress, APC, petition.
Delivering judgment, Justice Haruna Tsammani, dismissed Ajimobi’s petition for lacking in merit.
Tsammani affirmed the decision of the tribunal, adding that the tribunal was right in its judgment.
The judge held that the petitioner does not have the right to raise the issue of non-qualification of the respondent based on the conduct of PDP primary.
He further held that a person that does not participate in the party primary does not have the right to challenge the outcome of the primary.
Tsammani said a person is qualified to contest once such a person satisfied the condition of the party and INEC confirmed such a person.
The judge said most of the witnesses presented by the petitioner were not qualified to tender exhibits and give evidence because they are not the maker of those documents tendered.
He said the tribunal was right in upholding the victory of Balogun and dismissed the petition.
The result of the Feb. 23 election as declared by INEC indicated that Balogun of the Peoples Democratic Party, PDP, defeated his closest rival, Abiola Ajimobi of the APC with a vote difference of 13,502.
The PDP candidate ended the contest with a total of 105,720 votes while the candidate of the APC had 92,217 votes.
On October 17th, 2019, the court reserved judgement. This was after the panel of justices reserved judgment after adoption of the written addresses of the appellants; the APC and Ajimobi whose legal team was led by Chief Akin Olujimi (SAN), and respondents: the Independent National Electoral Commission (INEC), Balogun and PDP.
Olujimi in his submission had challenged the qualification of Balogun to participate in Feb. 23 election on the ground that he did not participate in the PDP primary election but was selected.
He further argued that the National Assembly Election Tribunal did not properly evaluate the evidence brought before it before delivering judgment in the petition.
However, counsel to the INEC, Balogun, and PDP respectively refuted the claim by the appellants stressing that the tribunal through due diligence examined all evidence tendered before it.
The respondent’s lawyers were led by Messrs Ademola Osuolale, Olalekan Ojo (SAN) and Oluwasesan Dada.
They added that the issue raised on the primary election of PDP lacked merit as being proposed by the appellant as the basis for nullifying the candidature of Balogun, the second respondent.
