...Drags INEC, Speaker Danladi, Clerk to court over matter
.... As Lawmaker drags Agboola, INEC, KWHA Speaker and Clerk to court
Kwara state House of Assembly member, representing Ilorin South State Constituency, Hon. Abdulazeez
Elewu popularly called Nilo, has said he is not a party to an Appeal Court Judgement declaring People's Democratic Party's candidate for Ilorin south Constituency, Hon. Raheem Agboola winner, and such his mandate a is not affected by the verdict.
The lawmaker, who approached the Federal High Court, Ilorin for determination of legality of the ruling of the Court of Appeal, which ordered the Independent National Electoral Commission (INEC), to withdraw his Certificate of Return and Issue a new one to the 2nd runner up in the March 9th, 2019 State Assembly election, Mr. Abdulraheem Agboola of the People's Democratic Party (PDP), said this in a statement made available to journalist in Ilorin, Kwara state Capital.
In an originating summon, with suit number FHC/IL/CS/157/2019, Elewu joined the PDP Candidate, Jimoh Raheem Agboola, the Independent National Electoral Commission (INEC), the Speaker, Kwara state House of
Assembly, Honourable Salihu Yakubu Danladi and the Clerk of Kwara state Assembly, Hajia Halima Jumai Kperogi as defendants.
Elewu premised his argument on the fact that in view of the Judgement and Order of the Federal High Court, Ilorin Division of 27th February, 2019 in suit number FHC/IL/CS/8/2019; himself (Elewu) being the plaintiff was declared as the lawful and legal candidate of the All Progressives Congress, (APC) for Ilorin South State Constituency in the said suit against another aspirant of the All Progressives Congress (APC), Sulaiman Abdulsalam.
The lawmaker claimed he partook in the election process from the Party primaries stage and won, up till the general election, consequent upon which he was issued Certificate of Return by the electoral umpire, INEC and sworn in on June 11th, 2019 as a legislator in the 9th Kwara Assembly.
He said, he was however dismayed why another Court will rule or order INEC to issue the PDP candidate Certificate of Return, as a result of an Appeal Court Judgement where he (Elewu) is not even a party in the first place, when a subsisting Court Judgement/Order declaring him (Elewu) the lawful candidate of the APC have not been set aside.
Elewu argued further that the case, which occasioned the Judgment ordering INEC to issue Certificate of Return to the PDP Candidate, with suit number CA/IL/EPT/SH/2/2019 was between Jimoh Raheem Agboola and Sulaiman Sheu Abdulsalam and two others, which he claimed not to be one of them.
He claimed, that by the virtue of the Judgement and Order of the Federal High Court, Ilorin Division of 27th February, 2019, decalring him (Elewu) the lawful and legal candidate of the APC for Ilorin South State Constituency for the March, 2019 election, which was won by his party, APC, he was and remains the duly elected, and member of the Kwara state House of Assembly.
Elewu equally claimed, in the absence of an Order of a competent court of jurisdiction setting aside the subsisting Order and Judgement of the Federal High Court, Ilorin Division of 27th February, 2019 in suit number FHC/IL/CS/8/2019, pursuant to which he contested, won, given Certificate of Return and subsequently sworn in and inaugurated as a Honourable member of Kwara state House of Assembly, INEC
has no vires and cannot issue or cause to be issued to the PDP Candidate, a Certificate of Return in respect of same election for Ilorin South Constituency.
He further claimed that the decision of the Court of Appeal, Ilorin Division, delivered on 12th November, 2019, in Appeal number CA/IL/EPT/SH/2/2019, emanating from petition number KW/ST/EPT/HA/1/2019 to which he was not a party, did not, and cannot affect the mandate given to him by the good people of Ilorin South State Constituency to represent them in the Kwara state House of Assembly.
He added that the Appeal Court Judgement delivered in PDP's favor, held that since Suleiman Sheu Abdusalam and APC had pleaded that Suleiman is not APC's candidate at the election, APC did not have candidate, without taking into cognizance the High Court judgment and Order, declaring him (Elewu) the lawful and legal candidate of the APC for Ilorin South State Constituency.
He therefore prayed that the Federal High Court restrain INEC from issuing Certificate of Return to the PDP Candidate, and that if any Certificate of Return had been issued (to PDP Candidate), consequent upon the Appeal Court Judgment, such should be declared unlawful, unconstitutional and a violation of people's mandate freely given to him (Elewu) by the good people of Ilorin South State Constituency, hence, such Certificate of Return issued the PDP Candidate be nullified, canceled or set aside.
He also prayed for a Court Order, restraining the Speaker, Kwara state House of Assembly, Rt. Hon. Salihu
Yakubu Danladi and the Clerk, Hajia Halima Jumai Kperogi from admitting, recognizing, swearing in or inaugurating the PDP Candidate as elected representative of Ilorin South State Constituency at the Kwara state House of Assembly.
Included in Elewu's prayer in the suit is for an Order restraining the PDP Candidate from presenting, representing or in any manner, making himself available for swearing in or admitted by the Speaker and Clerk of Kwara state House of Assembly.
He equally prayed for a Court Order, directing the Speaker and Clerk of Kwara state House of Assembly, to continue to recognize, treat and deal with him as the elected representative of Ilorin South State Constituency in the 9th Kwara state House of Assembly.
However, in a supporting affidavit to the originating summon, Elewu revealed the controversy that led to the legal technicalities, which he claimed "the PDP is trying to use to rob the people of Ilorin South Constituency of their mandate, freely given to him and his party, APC".
He disclosed that himself (Elewu) and four other aspirants; Sulaiman .S. Abdulsalam, Kazeem Abdulrazaq, Abdulganiyu Erubu and Tajudeen Asunara contested the APC primaries for Ilorin South Constituency,
conducted on October 6th, 2019, in a direct primaries where he scored majority of lawful vote cast and
was declared winner.
This is against the insinuation that he (Elewu) did not participate in the primaries. Elewu claimed following his emergence as the winner, at the instance of his party, through the State Chairman, Hon. Bashir Omolaja Bolarinwa, he filled and returned necessary forms to the party, for onward submission to the Party national headquarters and eventual transmission to INEC, after which he constituted his Campaign Committee in conjunction with the local government party structure.
This, he claimed was done before final date for submission of candidate names and list to INEC.
He however said the ruse started November 10th, 2018, while his campaign was gradually taking off, he discovered that his name was conspicuously omitted from INEC's candidates list of candidates, instead, name of one Suleiman .S. Abdulsalam appeared as the APC candidate for Ilorin South Constituency.
This he said he protested in written and the Party Chairman replied omission of my name was in error and would be rectified. But after releasing the final candidates list by INEC in January 31st, 2019, with the error unrectified, he said he rewrote a letter to APC National Chairman, yet, the supposed error was left unrectified and this led him to institute a legal action before the Federal High Court, for which judgment was delivered in his favor as the lawful APC Candidate for Ilorin South State Constituency.
"It is on the strength of the Judgment of the Federal High Court, that INEC gave effect to by giving Certificate of Return to me. They can go to court to challenge my election victory, but in their case, they took a wrong party to court and I am not affected by whatever the outcome of their legal action is", Elewu said.
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