RESPECT APPEAL COURT JUDGEMENT, LAWYER URGES SPEAKER, INEC
Legal counsel to Barrister Peter Owolabi, a House of Representative member-elect for Ekiti North Federal Constituency 1, Chief Rafiu Balogun has called on the Speaker of the House of Representatives, St Hon Femi Gbajajiamila, to direct the Clerk of the National Assembly to respect the judgment of the Court of Appeal and conduct the swearing in for his client.
In a letter dated 24th June 2019 and addressed to the Speaker, Chief Balogun stated that by the judgment of the Court of Appeal, the purported swearing in of Hon. Kehinde Agboola is a nullity and should not be accorded any regard as a member of the current National Assembly; adding that no right and benefit should be extended to him.
The lawyer stressed that going by the verdict of the Appeal Court which struck out the suit filed against Barr. Peter Owolabi, his election as a Member of House of Representatives for Ekiti North Federal Constituency 1 (Oye/ Ikole) remains valid.
He added that by the virtue of the Appeal Court verdict, the order of the FCT High Court directing INEC to withdraw Owolabi’s Certificate of Return is a nullity and has become an order that was never made.
Balogun, who recalled that a letter with reference number ROB/CC/RO/ CNA/01/19 dated 3rd June, 2019 had earlier been sent to the Clerk informing him of a pendency of motion for stay of execution and pending appeal before an Appeal Court, regretted that the letter was not considered and Kehinde Agboola was sworn in.
“Be it noted that even de facto, INEC did not withdraw the Certificate of Return from Barr. Peter Owolabi and no letter to that effect was communicated to him. In other words, he is legitimately in possession of his Certificate of Return and this obviates the need for issuance of another Certificate of Return to Barr. Peter Owolabi by INEC.
“Having regards to the exposition done above, we hereby request you to direct the Hon. Clerk of the National Assembly to respect the Judgment of the Court of Appeal and conduct the swearing in for Barrister Peter Owolabi pronto”, he said.
In another letter addressed to the chairman of the Independent Electoral Commission (INEC), Chief Balogun called on the Commission to immediately respect the judgement of the Court of Appeal and withdraw the Certificate of Return issued to Hon. Agboola.
“Having regards to the exposition done above, we hereby request you to with immediate effect respect the Judgment of the Court of Appeal and withdraw the Certificate of Return issued to Hon. Kehinde Agboola ex abundaticautella, because in the eyes of the Law having regard to the decision of the Court of Appeal, the Certificate was never issued to him”, the letter reads.
