Appeal Court Affirms Shittu’s Candidacy

The Court of Appeal sitting in Lagos yesterday affirmed Mr. Abdul Kareem Shittu as the Peoples Democratic Party (PDP) candidate for Ikorodu Federal Constituency seat in the House of Representatives.

A three-man panel of the court dismissed two appeals challenging the September 10 judgment of Justice Daniel Osiagor of the Federal High Court in Lagos that declared Shittu as the party’s candidate, having won the party’s primary of May 24, 2022.

The first appeal was by Shittu’s co-aspirant Awesu AbdulAzeez, while the second was by the PDP.

Justice Abdullahi Bayero, who read the lead judgments, agreed with Shittu’s counsel Ms. Patience Patrick Udoh that both appeals lacked merit.

Awesu challenged the lower court’s judgment on the grounds of service being allegedly statute-barred and that the court did not properly evaluate the evidence before deciding the suit.

He contended that no primary was held on May 24 and that though he didn’t emerge as winner of a second primary, the PDP had a right to choose whoever it pleased in exercise of party “internal democracy”.

But the respondents opposed him on the grounds, among others, that Awesu did not regularise his defence at the lower court.

The appellate court upheld the respondent’s argument. It agreed that the action was not statute-barred and that the lower court properly evaluated the evidence.

It dismissed Awesu’s appeal and awarded N500,000 costs against him in Shittu’s favour.

For the PDP’s appeal, the court noted that the party neither entered any appearance nor filed any defence to Shittu’s suit at the lower court.

Nevertheless, the party challenged the lower court decision on the grounds, among others, that the court did not evaluate the evidence.

The party, contrary to Awesu’s claim, admitted that it held a primary on May 24, but that it cancelled the election.

But Shittu contended that by not filing a defence at the lower court, the party was deemed to have agreed to Justice Osiagor’s decision in the mould of a consent judgment.

The appellate court agreed with the respondents’ notice of preliminary objection and dismissed the PDP’s appeal.

The Court of Appeal awarded a punitive cost of N5million against the PDP and in Shittu’s favour, saying the appeal was needless.

The court also ordered Awesu to pay Shittu costs in the sum of N500,000.

On September 10, Justice Osiagor directed the Independent National Electoral Commission (INEC) to recognise Shitu as the validly nominated candidate for the Ikorodu Federal Constituency.

The judge held that Shittu won the party’s Lagos State House of Representatives primary conducted on May 24, 2022, by a simple majority.

He also held that the INEC form signed by officials of the party and countersigned by the INEC official had the name of the plaintiff, Abdul Kareem Shittu, written on it as the winner of the primary election.

He held further that there was no cogent reason given by the PDP for a repeat election or the cancellation of its primary election of May 24 for the Ikorodu Federal Constituency.

The court, therefore, ordered the PDP to submit to INEC, the name of Abdul Kareem Shittu, as the candidate of the party in place of Awesu AbdulAzeez, whose name was submitted.