The Court of Appeal sitting in Lagos has nullified the election of Babajide Owoduni of the Peoples Democratic Party (PDP) as the lawmaker representing Ikenne State Constituency in the Ogun State House of Assembly. The court declared Kunle Sobukola of the All Progressives Congress (APC) as the rightful winner of the March 18 State Assembly election.
In the appeal with suit number CA/1B/EP/SHA/OG/23/2023 (Hon Olakunle Sobukanla & Anor v. INEC & 2 Ors), the Court of Appeal directed the Independent National Electoral Commission (INEC) to issue Sobukola the Certificate of Return as the duly elected member representing Ikenne State Constituency.
The controversy arose when, despite Owodunni’s resignation from the PDP and withdrawal from the election 12 days before the poll, INEC declared him the winner in March 2023. The tribunal initially rejected Owodunni’s claim of duress, stating that he had genuinely withdrawn from the race but refused to void his return, citing the alleged violation of the 90-day withdrawal provision in the Electoral Act.
In the appeal, APC and Sobukanla argued that withdrawal is complete once communicated to the political party, irrespective of INEC’s notification, and that the 90-day provision is only a deadline for party replacement. The Court of Appeal upheld these arguments, declaring Owodunni’s withdrawal valid and setting aside his declaration and return by INEC.
This decision reinforces the principles surrounding candidate withdrawal and the significance of proper adherence to electoral regulations.
