The Court of Appeal sitting in Ilorin, the Kwara State Capital, on Friday, affirmed the ruling of the Federal High Court which nullified the candidature of Hon. Tajudeen Olabisi Abioye as the All Progressive Congress (APC) flag bearer for Ifelodun/Offa/Oyun Federal Constituency in the 2023 General Election.
In his ruling, the presiding Judge, Hon. Justice Ahmad Olanrewaju Belgore declared Hon. Tijani Ismail, a Member representing Ifelodun/Offa/Oyun Constituency of Kwara State in the House of Representatives as the winner of the APC primary election held on 27 May, 2022.
Justice Belgore said that the lower court was in order by disqualifying the appellant from contesting in the 2023 election and affirmed Hon. Tijani as the authentic candidate of the party.
The court also held that there was no proper service of court processes on the respondent which made the proceedings incompetent.
“Failure on the part of the appellant (Hon. Tajudeen Olabisi Abioye) to make personal service of the court processes on the respondent rendered the appeal incompetent and effort in futility. The court cannot entertain the matter”, Justice Belgore said.
However, the court dismissed the appeal in its entirety for lack in merit.
Dissatisfied with the judgement of Federal High Court sitting in Ilorin, the appellant, Hon. Tajudeen Olabisi Abioye had approached the Appellate Court and urged it to dismiss the decision of the lower court.
The appellant, in a petition number CA/IL/94/2022 filled ten grounds of appeal against the judgement of the lower court, praying the appellate court to upturn its decision and declare him the House of Representatives candidate for APC in the 2023 election, having won the party’s primary held on 27 May this year.
It will be recalled that Hon. Tijani approached the Federal High Court after the May 2022 Primary of APC in Ifelodun/Offa/Oyun Federal Constituency to challenge the declaration of Hon. Tajudeen Olabisi Abioye as the winner of the primary.
Hon. Tijani alleged some infractions during the delegate election and prayed APC and INEC to withdraw the nomination and declaration of the appellant as the party’s candidate at the forthcoming general elections.
Hon. Tijani complained the he scored the highest vote at the primary but his name was replaced by Hon. Tajudeen Olabisi Abioye.
The lower court after after thorough review of the evidences proving beyond reasonable doubt declared Hon. Tijani as the winner of the primary.
