The Supreme Court confirmed on Monday the nomination of the member of the House of Representatives representing the Federal District Oye / Ikole of the state of Ekiti, Mr. Peter Owolabi for the All Progressives Congress (APC).
The five-person panel headed by Judge Inyang Okoro, dismissed an appeal filed by a defeated participant in the primary, Mr. Bimbo Daramola, who challenged the victory of Owolabi, stating that a valid primary was not held in the federal constituency.
The highest Court in the nation dismissed Daramola’s appeal against the nomination of Owolabi as an APC candidate because it was filed outside the time allowed by law.
Owolabi’s lawyer, Chief Rafiu Balogun, praised the industry of the Supreme Court and gave him time to hear the appeal despite the short duration in which the file was transmitted, and data were filed and exchanged.
The lawyer for Daramola, Mr. A.O. Given, he thanked the Court even though the decision was against the Appellant.
The Court of the first instance in the verdict reaffirmed the supremacy of the Constitution as it appears in the provision of Section 285 (9) Fourth Alteration of the Constitution that provides for 14 days to submit a pre-selection.
The matter was filed 25 days after the time allowed by law with the primary election held on October 5, 2018, while the case was submitted on October 31, 2018.
The Supreme Court held that Daramola initiated the claim in a wrong jurisdiction by filing the case before a Superior Court of the Territory of the Federal Capital (FCT).
The panel agreed with the Court of Appeal that the Superior Court of the FCT lacks territorial jurisdiction to consider the case.
The FCT High Court annulled Owolabi’s victory in the primary elections of the APC House of Representatives and declared the runner-up in the primary election and the candidate of the Popular Democratic Party (PDP), Mr. Kehinde Agboola, as the winner.
Subsequently, the Court of first instance ordered the Independent National Electoral Commission (INEC) to issue a Return Certificate to Agboola with which he was sworn in as federal legislator on June 11, 2019.
Dissatisfied with the sentence, Owolabi went to the Court of Appeal, where he won, and the Court of appeal annulled the return certificate issued to Owolabi ordering the INEC to grant him a new document (Owolabi).
Owolabi was sworn in as a Reps member last Thursday based on the verdict of the Court of Appeal.
But Daramola approached the Supreme Court, which has affirmed the candidacy and election of Owolabi as a member of the House of Representatives of the Federal Unit of Oye / Ikole.