BY News Agency
A federal high court in Ado Ekiti has ordered Musa Arogundade, a member of the Ekiti state house of assembly representing Ado constituency 1, to vacate his seat.
While delivering his judgment, Taiwo Taiwo, a judge, said Arogundade did not participate in the Peoples Democratic Party (PDP) primary election conducted on November 29, 2014.
Taiwo said evidence before the court showed that the lawmaker did not participate in the exercise.
The judge ordered the speaker of the assembly to swear in Toyin Obayemi, who filed a suit to challenge Arogundade’s victory.
Olayinka Sookoya, Obayemi’s lawyer, told the court in his originating summons that the lawmaker submitted fake documents including GCE and OND results to INEC.
He averred that he was not qualified to contest the election, and urged the court to declare Obayemi as the sole candidate in the party primary.
Taiwo granted all the reliefs sought by the plaintiff, and ordered his swearing in.
“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,” he held.
“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 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.”
Taiwo, however, awarded N50, 000 and N100,000 cost respectively against the second and fourth defendants in favour of the plaintiff.
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