By Ola Ajayi
IBADAN—THE Appeal Court in Ibadan, yesterday, nullified the election of four members of the Peoples’ Democratic Party, PDP, in   the Osun State House of Assembly and the House of Representatives.

The cancellation brings to 10 the cases the court nullified out of cases which the Justice Thomas Naron-led Election Petition Tribunal had earlier decided.

The four judgments delivered by a three-man panel in the appellate court were in favour of candidates of Action Congress, AC, in Ifedayo and Ede North State Constituencies, and in Ayedire/Oluwa/ Iwo Federal and Ijesa North Federal Constituencies.

Those whose elections were nullified were Mr. Idowu Abiodun, Ifedayo State Constituency; Idiat Babalola, Ede North State Constituency; George Jolaoye, Ayedire/Oluwa/ Iwo Federal Constituency; and Oluwole Oke, Ijesa North Federal Constituency.

While setting aside earlier judgments of the Justice Thomas Naron-led tribunal for lack of fair hearing, the court ordered the President of the Court of Appeal, Hon. Justice Ayo Salami to constitute a fresh panel to hear the cases de novo and give them accelerated hearing.

Akintayo Amere, AC, and Nathaniel Agunbiade, AC, had appealed judgments of the lower tribunal which confirmed the declaration by the Independent National Electoral Commission, inec, that PDP members, Jolaoye and Oke, won the House of Representatives elections.

They had alleged that the elections were fraught with numerous electoral manipulations arguing that the tribunal should not have confirmed their election which did not comply with the Electoral Act, 2006.

The two lawmakers in the state legislature, Abatan and Ajagbe, had requested the court to nullify the elections of their PDP opponents, Idowu and Babalola, and order fresh election.

Justice Bage, who read three of the judgments said: “The appeal succeeds and the judgment of the lower tribunal delivered on 14 March, 2008 is hereby set aside for lack of fair hearing. The President, Court of Appeal is ordered to constitute a fresh panel to hear the case de novo.”

Lack of fair hearing

The remaining judgment written by Justice Modupe Fasanmi in the case of Nathaniel Agunbiade and Busayo Oke read in part: “The judgment delivered on 30 June, 2008 by a lower tribunal is hereby set aside for lack of fair hearing and it is returned to Osun State Election Petition for retrial. Appeal has merit and it subsists. It should be given accelerated hearing.”

Personal Assistant to Engineer Rauf Aregbesola, Mr. Olatubosun Oyintiloye, who reacted to the judgment said:  “Today’s judgments delivered at the Court of Appeal sitting in Ibadan, marked the tenth case returned for re-trial from the cases adjudicated by the Naron-led Tribunal in Osun State.”

AC candidate, Amere, who spoke with newsmen at the end of the judgment, said he had mixed feelings about it.

He said: “Though, I am happy that my party and I have been vindicated that the election violated the laid down principles, it is not easy. Now we have been asked to go for a retrial, we don’t know how long that will take. We thank God that our party has been law abiding.”