The Federal High Court in Ado Ekiti on Monday ordered Musa Arogundade, a member of Ekiti House of Assembly representing Ado Constituency 1, to vacate his seat.
Justice Taiwo Taiwo, while delivering his judgment, said Arogundade did not participate in the Peoples Democratic Party‘s (PDP) primary conducted on November 29, 2014.
The News Agency of Nigeria (NAN) reports that Justice Taiwo granted all the reliefs sought by the plaintiff, Toyin Obayemi and ordered his swearing-in.
He said evidence before the court showed that the lawmaker did not contest or participate in the PDP primary.
“From the totality of arguments by parties involved, I am of the belief that the arguments of the defendants stand so weak to that of the plaintiff.
I set aside the judgment delivered by Justice E.S.Chukwu of the blessed memory in the suit marked FHC/ABJ/CS/125/2015 as same was fraudulently obtained.
It is my belief that suit no. FHC/AD/CS/17/2015 has not been overtaken by any event like the Election Petitions Tribunal judgment and issuance of Certificate of Return.
I hereby order that the Certificate of Return be issued to the plaintiff by Independent National Electoral Commission (INEC) and the immediate swearing-in of Obayemi by the Speaker of the House of Assembly as a member.
I also order that all salaries and allowances received by Musa Arogundade be returned,” the judge said.
Joined in the suit are INEC, Talabi Odunayo (who was declared winner of the primary), PDP Ekiti chapter, and Musa Arogundade as the first, second third and fourth defendants respectively.
Talabi had accused the PDP of “fraudulent substitution” of his name at the Independent National Electoral Commission (INEC) after winning the primary.
Obayemi’s lawyer, Olayinka Sookoya, told the court in his originating summons that Talabi submitted fake documents including GCE and OND results to INEC. He averred that Talabi was not qualified to contest the State Assembly Election.
He urged the court to declare Obayemi the winner of the State Assembly Election as the sole candidate in the party primary.