Shittu & Awesu
The Nigeria highest court, Supreme Court has affirmed the judgment of the Court of Appeal in Lagos, which upheld the nomination of Abdulkareem Shittu, as the People’s Democratic Party (PDP), flag bearer, for the House of Representatives, Ikorodu Federal Constituency, in the February 25, general election.
A five-member panel of the court, in a judgment on Friday, held that the appeal filed by Shittu’s rival, Awesu Abdulazeez, lack merit and dismiss same.
In the led judgment written by Justice John Okoro, but read by Justice Tijani Abubakar, the court awarded a cost of N1 million against the appellant and in favour of Shittu.
The judgment which was on the appeal, marked: SC/CV/1507/2022 filed by Awesu, was applied to a sister appeal filed by the PDP, marked: SC/CV/1508/2022.
The Court of Appeal had in its earlier judgments late last year, dismissed Awesu and PDP’s appeals.
A three-man panel of the court dismissed the two appeals which challenged the September 10, 2022 judgment of Justice Daniel Osiagor of a Lagos Federal High Court, that had earlier declared Shittu as the party’s flag bearer having won the party’s primary of May 24, 2022.
Justice Abdullahi Bayero, who read the lead judgments of the Court of Appeal, agreed with Shittu’s counsel Ms. Patience Patrick Udoh, that both appeals were without merit.
While the court awarded N500, 000 cost against Awesu, it awarded N5 m cost against the PDP, all in favour of Shittu.
In the September 10, Justice Osiagor directed the Independent National Electoral Commission (INEC) to recognise Shitu as the validly nominated candidate for the Ikorodu Federal Constituency.
The judge held that Shittu won the party’s Lagos State House of Representatives primary conducted on May 24, 2022, by a simple majority.
He also held that the INEC form signed by officials of the party and countersigned by the INEC official had the name of the plaintiff, Abdul Kareem Shittu, written on it as the winner of the primary election.
He held further that there was no cogent reason given by the PDP for a repeat election or the cancellation of its primary election of May 24 for the Ikorodu Federal Constituency.
The court, therefore, ordered the PDP to submit the name of Abdul Kareem Shittu to INEC, as the party’s candidate in place of Awesu AbdulAzeez whose name was submitted