By: Ade Adeleke
Report says the Supreme Court has today affirmed the election and candidacy of Hon Suleiman Murtala Babatunde as the winner of the All Progressives Congress, APC House of Assembly primary and subsequently the winner of March 18, 2023 House of Assembly election in Akoko Southeast state constituency.
The Apex Court also dismissed the appeal filed by the APC and an Assembly Aspirant, Sina Alaye.
During the court session in Abuja today, Barr Femi Emmanuel Emodamori represented lawmaker-elect while Barr Yinka Orokoto is the lawyer to Mr Alaye.
Alaye is a former Ondo State Secretary of APC before he participated in the primary.
The Supreme Court 5-man panel which was presided over by Justice Musa Dattijo Mohammad, upheld the judgments of the Court of Appeal sitting in Akure and that of the Akure Division of the Federal High Court which sacked Sina Alaye, as the party’s candidate for Akoko South-East Constituency of the State House of Assembly.
In the judgement delivered today, the Supreme Court equally affirmed the Order granted by the Federal High Court and Appeal Court directing both APC and INEC to recognize Hon Suleiman Murtala as the Party’s rightful candidate for the Constituency.
Suleiman Murtala, who was a banker and until recently based in Canada, 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, for violating 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.
Suleiman Murtala also claimed that he had earlier participated in, won and 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 the subsequent illegal primary.
The Federal High Court presided over by Hon. Justice R.M Aikawa, who delivered the judgment of the Federal High Court on 1st December, 2022 granted the reliefs sought by Suleiman 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 Suleiman.
