Again, AMA, APC Candidate Floors Onamade At Appea Court

Kunle Adelabu

-Aggrieved aspirant sets to approach Supreme Court

The Court of Appeal sitting in Lagos has affirmed Mr Abiodun Aro Moshood (AMA) as the candidate of the All Progressives Congress (APC) for Ikorodu Constituency II in the forthcoming General Elections.

The Court, in the matter with Suit No: CA/LAG/CV/742/22, on Saturday, October 8, 2022, dismissed the appeal of Mr Oluwatosin Onamade, the Appellant who is challenging the emergence of Mr Abiodun Aro Moshood (AMA), the third Respondent, as the flag bearer of the APC.

Judgment in the matter was delivered virtually.

Justice Nicholas Oweibo of the Federal High Court, sitting in Lagos, had, on August 4, 2022, dismissed the case filed by Onamade in Suit No: FHC/L/CS/1287/2022, challenging the pronouncement and adoption of AMA as the candidate of the APC.

Other Respondents in the matter are: All Progressives Congress (APC) and Independent National Electoral Commission (INEC).

The Notice of Appeal filed by Onamade at the Court of Appeal on August 11, 2022, contained four grounds of appeal.

Main issues in the matter for determination are:

“WHETHER THE LOWER COURT WAS RIGHT WHEN IT HELD THAT THE SUIT OF THE APPELLENT IS STATUTE BARRED OR NOT ( GROUND 1 of the Notice and Grounds of Appeal).

“WHETHER THE UNCONTROVERTED EVIDENCE THAT THE 1st RESPONDENT BREACHED THE PROVISIONS OF SECTION 84 OF THE ELECTORAL ACT, 2022, IN RESPECT OF THE SELECTION AND NOMINATION OF THE 3rd RESPONDENT DID NOT ENTITLE THE APPELLANT TO THE RELIEFS SOUGHT. ( GROUND 2 OF THE NOTICE AND GROUND OF APPEAL), and

“WHETHER THE FINDING THAT THE APPELLANT’S DEPOSITION THAT HE BECAME AWARE OF THE OCCURRENCE OF EVENT LEADING TO THIS SUIT ON 25TH JUNE, 2022 IS AN AFTERTHOUGHT AS HELD BY THE LOWER NOT, WHETHER THE LOWER COURT CAN RESORT TO SPECULATION ON SAME ( GROUND 3 AND 4 OF THE NOTICE OF APPEAL)”.

Speaking with Appellant (Onamade), who contested the APC primary election against AMA and others, on phone after the judgment was delivered, he rejected the verdict, stating that it wasn’t in tandem with what he prayed for.

He also said that Respondents filed their responses, a situation he said that should have made the Justices of the Appeal Court enter judgment in his favour.

Onamade vowed to fight the matter up to the highest court in the country.

“Yes, they delivered the judgment today, but the judgement was not in tandem with what we filed. We are going to the Supreme Court with immediate effect”, he said.

“They filed their responses late and by law, they are statute barred. With that, the Justices ought not to have entertained them at all. They filed their responses 19 days after the stipulated time.

“The three Justices confirmed this on the day of the judgment that they filed late”.

The visibly furious Onamade alleged that powerful people in the party are influencing the matter in court.

“We can see that there are so many interests involved in the matter and some powerful people are influencing it”, he said.

When asked of the possibility of settlement out of the court, Onamade said that it is possible if a necessary move is made.

“Of course, political settlement is possible if the move is made. It can be settled if the party is ready to resolve the matter, they can approach us, but we have put in motion necessary process to file an appeal in the Supreme Court”, he said.

Also, in a phone conversation with AMA, he said that the judgment was an affirmation that he is the rightful candidate of his party and the one that the people entrusted their mandate to.

He thanked the APC for the trust and for standing by him during the trial.

When asked for his response on the decision by Onamade to appeal the Appeal Court judgment at the Supreme Court, AMA said that the mandate is that of his party will be ready to defend up to any level.

He charged his supporters, entire party members and the generality of Ikorodu Constituency II to keep working for the APC and all its candidates for victory in the coming general elections.