By OLA AJAYI
The Court of Appeal sitting in Ibadan yesterday nullified the election of a member of the Osun State House of Assembly, Mr. Abiodun Awolola who contested on the platform of the Action Congress.
He represented Egbedore State Constituency in the state legislative arm before his election was nullified.
His election was declared null and void following the appeal filed by the candidate of the Peoples Democratic Party, Mr. Okun Obiremi that the election that ushered him into the House was fraught with irregularities which contravened the Electoral Act, 2006.
While nullifying the election of the AC candidate, Justice Chidi Uwa who read the judgment ordered that the votes in Okinni ward 10 be cancelled. But the court confirmed the authenticity of the results of the remaining nine wards.
The justice also ordered the Independent National Electoral Commission to conduct aÂ fresh election in the affected ward within 90 days.
The AC candidate scored 2,579 votes against his opponent who scored 1,726 votes in the affected ward. The defendant secured total votes of 7,298 in the election while the PDP candidate had total votes cast of 6,853.
It also held that that the result of the re-run poll be added to the total votes cast to determine who actually won the election. The PDP candidate was said to have superior 509 votes in the nine wards.
While making comments on the judgment, Mr. Yomi Alliu, counsel to the PDP candidate, said it was a vindication of the assertions of â€œhis client that the return of the AC candidate was not a reflection of the peoples wishâ€.
He commended the panel for delivering such a painstaking and well-thought judgment which, he added, would reinforce confidence of the people in the electoral process. The judgment was also commended by counsel to AC candidate, Barrister Ismael Ajibade.