Ogun: Gov Abiodun Scores Another Victory As Court Dismisses Case

Ogun State Governor, Dapo Abiodun, has come out victorious in a suit challenging his eligibility to contest in the March 9 governorship election in the state.

This comes as a Federal High Court in Abuja struck out a case brought before it by Mrs. Iyabo Anisulowo who in her pre-election suit with no FHC/ABJ/CS/34/1019 asked the court to disqualify Abiodun from running in the polls on the grounds that he allegedly did participate in the mandatory NYSC Scheme.

Abiodun’s counsel, Mr Wale Abeeb Ajayi had prayed the court to dismiss the case against his client on the grounds that the NYSC scheme was never a disqualification factor in elections.

But Justice M. A. Mohammed of Federal High court 5, Abuja dismissed the 1st Defendant’s notice of preliminary objection and proceeded to deliver judgment on the substantive suit.

Mohammed also noted that the plaintiff – Anisulowo failed to establish that Dapo Abiodun presented false academic claims to the  Independent National Electoral Commission (INEC). He held that the NYSC act does not make provision for the disqualification of a candidate who failed to participate in the NYSC scheme, saying that  a candidate can only be disqualified under Section 177 of the Constitution.

Consequently, the suit was dismissed.

This case is the final of the series of pre-election matters filed against the governor in court as other cases have been similarly dismissed.

Only on Monday, the Supreme Court had dismissed a similar case brought by Abdulrafiu Baruwa challenging the qualification of Gov.  Dapo Abiodun on the ground of failure to disclose all his academic qualifications.

Delivering judgement, the apex court held that the National Youth Service Act (NYSC) Act does not make provision for the disqualification of a candidate who failed to participate in the NYSC scheme.

The Court first dismissed the first defendant’s Notice of Preliminary Objections and proceeded to pronounce judgment on the substantive suit.

The court averred that a candidate can only be disqualified under Section 177 of the constitution, which states that “A person shall be qualified for election to the office of Governor of a State if:

(a) he is a citizen of Nigeria by birth;

(b) he has attained the age of thirty-five years;

(c) he is a member of a political party and is sponsored by that political party; and

(d) he has been educated up to at least School Certificate level or its equivalent.n

Since Gov. Dapo Abiodun has not breached any of these provisions, the Court said the suit lacked merit.