The Court of Appeal in Lagos has invalidated the election of Babajide Owoduni from the Peoples Democratic Party (PDP) as the representative for Ikenne State Constituency in the Ogun State House of Assembly.
The court has instead declared Kunle Sobukola from the All Progressives Congress (APC) as the rightful winner of the March 18 State Assembly election in Ikenne State Constituency.
This ruling stems from an appeal with suit number CA/1B/EP/SHA/OG/23/2023, titled “Hon Olakunle Sobukanla & Anor v. INEC & 2 Ors,” where the Court of Appeal directed the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Sobukola as the duly elected member representing Ikenne State Constituency in the State House of Assembly.
The controversy arose when, in March 2023, INEC declared Owodunni the winner of the election, despite his resignation from the PDP and withdrawal from the contest on March 6, 2023—12 days before the election.
Owodunni had submitted letters of resignation to both the PDP and INEC and even swore an affidavit of voluntary withdrawal in the Ogun State High Court.
Despite attempts by the PDP to replace Owodunni after receiving his resignation notice, INEC retained him as the recognized candidate and issued him a Certificate of Return.
Owodunni, later claiming duress, narrated a story of being kidnapped and forced to sign withdrawal letters, which the tribunal rejected.
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In the appeal, Sobukanla and the APC presented evidence contradicting Owodunni’s claims, including a video where he openly campaigned for the APC after his withdrawal.
The tribunal rejected Owodunni’s duress claim but refused to void his return by INEC due to technicalities regarding the timing of his withdrawal.
The Court of Appeal, however, sided with the legal arguments presented by APC and Sobukanla, emphasizing that a withdrawal is complete once communicated in writing to the party, regardless of whether the party informs INEC.
Citing recent Supreme Court decisions, the appellate court upheld Sobukola’s victory, setting aside Owodunni’s declaration and return by INEC.