Kolawole Vs INEC: Segun Olobatoke, Chief David Aiyedogbon suffer similarly defeats as Court of Appeal Abuja threw out their Appeal for incompetent and lacks benefit.
SEP 17, 2022 Chief David Aiyedogbon suffer further defeats as Court of Appeal Abuja threw out their Appeal for incompetent and lacks advantage., Kolawole Vs INEC: Segun Olobatoke
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It can be recalled that quickly after the guide of names of individuals subsidized via the various political events in Nigeria for 2023 National Assembly in Nigeria on the twenty fourth of June, 2022, the name of the Speaker, Rt. Hon. Matthew Kolawole changed into lacking at the published list despite the fact that he turned into the candidate subsidized for Kabba- Bunu / Ijumu Federal Constituency in the most predicted 2023 wellknown election.
Having been convinced by means of determined government of the excellent Court of Nigeria and the provisions of segment 29(1) of the Election total Act, 2022 that his political celebration, the All Progressives Congress(APC) remains within time to enlist his name and details as candidate for the kabba- Bunu/ Ijumu Federal Constituency, he approached Federal High Court of Nigeria, Lokoja thru Suit Number FHC/LKJ/CS/35/2022 for an order of Court for his name to be posted having scored the best legitimate votes in the number one election of May twenty seventh , 2022. While the trial become on , Mr. Olobatoke Segun Samuel and Chief David Shola Aiyedogbon(Chavid) filed two separate motions to sign up for the match as an involved parties, having participated in the number one that produced the plaintiff, the said motions changed into added pursuant to Order nine Rule 5 of the Federal High Court Civil Procedure Rules, 2019 which turned into heard and decided towards the call for of the two co- aspirants with an award of #250,000 fee every to parties, the ruling of Justice Hoomuk Mallong on 28th of July, 2022 became the motives for these appeals CA/ ABJ/CV/ 876/ 2022 and CA/ABJ/867/2022 respectively filed by Mr. Olobatoke Segun Samuel and Chief David Aiyedogbon at the Court of Appeal, Abuja.
The Court of Appeal, Abuja having entered the appeals and listen events on their grievances at the decisions of the trial courtroom, threw Olobatoke Segun Samuel Appeal out on the 2 grounds, that the trial decide became right to have held that the appellant has no questions to reply in the case, even as his criticism at the provided fee of #250,000 payable to parties at the trial, the appeal court held that the appellant can not ventilated the problem on warded value earlier than the court of Appeal for failure of the appellant to first seeks any obtained depart of courtroom to enchantment equal as provided in the 1999 charter because the argument of the appellate recommend at the need to meet up with time stipulated in section 289(nine) is of no second to the court and can’t help him. The court docket of Appeal thereafter locate, Mr. Olobatoke Segun Samuel enchantment unmeritorious and threw it out , there upon awards in addition cost of #one hundred,000 payable to 1st and 3rd Respondent, All Progressives Congress.
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The Court of Appeal no longer but executed, also gave her judgment in Appeal Number: CA/ABJ/ CV/867/2022 filed by means of Chief David Shola Aiyedogbon who was present in court docket at the day for the adoption. Lamentably, his desire and attraction suffered same defeat for being an incompetent appeal emanating from incompetent grounds.
The court docket of Appeal retreated her similar selections in determined cases, that the court is not constituted to aid or expand arms of fellowship to any of the events before it by using helping him or her to carry out a surgical treatment of that part of incompetent grounds or issues through excising the faulty part from it. To make worst of Chief David Shola Aiyedogbon’s case, the courtroom of Appeal re affirmed the trial courtroom selection, that the case he intend to agitate if joined by way of the decrease courtroom is statute barred, having been caught up by using the constraints provisions of segment 285(nine) of the 1999 constitution of Nigeria (as amend) and asuch no reliefs may be sought in Nigeria court docket inview of his grievance, the courtroom in addition upheld the value of #250,000 in advance granted via the rial court , appellant having didn’t are looking for go away of court to bitch identical, the attraction court in extra award #one hundred,000 value payable to 1st and 3rd Respondent, All Progressives Congress in opposition to Chief David Shola Aiyedogbon.
Speaking to our correspondent in Abuja, at once after the judgement, Hon Matthew Kolawole expressed his confidence within the Nigeria Court, importantly the appellate courts in doing justice in all electoral problems, and similarly admonished his teaming supporters to be at relaxation and regulation abiding, that his guarantee of being confident of the Nigeria Judiciary few days in the past in doing justice to Kabba-Bunu/ Ijumu Federal Constituency price ticket of the All Progressives Congress (APC) has matured and that justice is now being served.
