2023: Appeal Court affirms Muritala as Ondo APC assembly candidate

An Appeal Court sitting in Akure, Ondo State capital on Thursday, affirmed Suleiman Murtala, as the candidate of Peoples Democratic Party (PDP) for Akoko South-East Constituency of the state house of assembly.

The appellate court upheld the judgment of the Federal High Court, which had earlier sacked the former Ondo State Secretary of APC, Sina Alaye, as the party’s candidate.

In the suits No: CA/AK/ 280/2022, delivered by a three-man panel presided over by Hon. Justice Ayobode Olujimi Lokulo-Sodipe, the appelate court affirmed the order granted by the Federal High Court directing both APC and INEC to recognize and substitute Suleiman Murtala as the party’s rightful candidate for the Constituency.

Murtala had approached the Federal High Court through his Counsel, Femi Emmanuel Emodamori & Co, seeking a declaration that the APC primary election that produced Sina Alaye which was held at the International Cultural Events Centre (The Dome) in Akure on 27th May, 2022 was illegal, null and void.

According to him, the election violates the provision of Section 84 (5)(i) (c) of the Electoral Act, 2022 which provides that primary elections must be held within and not outside the respective constituencies.

Murtala also claimed that he participated in the election and won the contest, while he was retuned as winner of the party’s primary for the same constituency duly conducted on 26th May, 2022 at Isua-Akoko within that constituency, before the party conducted another ‘illegal’ primary.

The Federal High Court presided by Hon. Justice R.M Aikawa, had earlier ruled on 1st December, 2022, and granted the reliefs sought by Murtala and ordered both APC and INEC to substitute him as the rightful candidate.

The APC and Sina Alaye however appealed the Judgment to the Court of Appeal through their counsels, Olusola Oke, SAN and Chief A.O Ajana, SAN.

The Appeal Court, in dismissing the appeal and affirming the judgment of the trial Court, held that the appeal lacked merit and consequently awarded costs of N500,000 against APC and Sina Alaye in favour of Murtala.

Speaking after the judgement, Counsel to Murtala, Adebayo Solagbade of Femi Emmanuel Emodamori & Co, described the judgment as thorough, erudite, and fundamental in guiding political parties on the conduct of party primaries.

Suleiman however said that despite the injustice that forced him to go to court, he has put the past behind him and prepared to work with Alaye and other stakeholders in the interest of the Party and his constituency.

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