Peoples Democratic Party and the member representing Ilaje-Ese Odo Federal Constituency, Akinjo Kolade Victor had approached the Court of Appeal to challenge the decision of the Ondo state National and State Houses of Assembly Election Petition Tribunal which held that ‎Akinjo was not qualified as the time of election to contest.
Akinjo of the PDP had polled the highest votes in the March 28 National Assembly election‎ and was returned by the Independent National Electoral Commission INEC to represent Ilaje Ese-Odo Federal Constituency in the House of Representatives.
Not satisfied, the All Progressive Congress APC and its candidate, Lucky Ayedatiwa had approached the tribunal challenging the election of Akinjo.
The petitioners had hinged their application among other things, on ground that Akinjo was not a member of the PDP as the time he contested for the election.
In his defense, Akinjo had submitted that the petition was statute barred and that the party had given him a waiver to contest, adding that the waiver had outrightly qualified him to contest.
Delivering judgement, the tribunal headed by Justice O.A Ogar held that “Akinjo who is said to have had the highest number of votes and accordingly returned elected in March 28 was not qualified‎ as at the time of the election to contest the said election, his said election and return is therefore nullified”.
Not satisfied, Akinjo and his party had approached the Court of Appeal praying for an order setting aside that part of the decision of the lower tribunal where it refused to declare the petition statute barred.
The appellants also want the court to set aside that part of decision of the lower tribunal nullifying the election of the 1st appellant.
They also want the court to declare and affirm that Akinjo is qualified to contest the House of Representatives election of March 28 in Ilaje/Ese-Odo Federal Constituency.
In his 11 grounds of appeal, the appellant submitted that the tribunal erred ‎when it came to a conclusion that the petition presented by the APC and its candidate was not statute barred.

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