The Court of Appeal, Ilorin Division has ordered the immediate swearing-in of Raheem Agboola, the People’s Democratic Party candidate for the Ilorin South state constituency in the 2019 general elections into the Kwara State House of Assembly.
The appellate court dismissed the motion filed by the candidate of the All Progressives Congress in the election, Azeez Elewu, and declared that the APC had no candidate in the election.
Last year, the court based its decision on the disputed APC’s primaries which produced Suleiman Abdulsalam popularly known as Sule Cement, who was later replaced with 28-year-old Abdulazeez Oluwanilo.
The Appeal court held that APC had no valid candidate for the 2019 House of Assembly elections and thereby declared the candidate with the second highest votes, which is the PDP candidate, Abdulraheem Agboola as the winner of the election held on March 10th, 2019.
But the Speaker of the Kwara State House of Assembly, Yakubu Danladi, refused to swear in Agboola, who is the only member of the opposition party in the APC-dominated Assembly, as he insisted that Elewu, the substituted candidate of the APC in the House of Assembly election, was not joined in case that challenged the election result at the elections petition tribunal.
As a result, the Speaker and the APC headed to the Federal High Court to file a petition against the judgment of the Appeal Court which was subsequently dismissed by the court while another appeal was filed on the matter.
The appeal court in deciding the case set up a special panel of three Justices to look into the case.
The court however frowned on the leadership of the Kwara State House of Assembly for allegedly refusing to swear in the PDP candidate as the duly elected representative of Ilorin South Constituency in the House, as ordered by the court.
He said that Speaker and the Clerk of the House of Assembly had no right not to recognise any member declared by the court as the duly elected winner of an election.