The Ado Ekiti Division of the Federal Court of Appeal has declared as invalid, the selection of Oba Ilesanmi Ajibade as the Owa of Odo Ayedun.

Justice E.O Dawodu-Williams, in the verdict of the appeal panel, resolved all the issues formulated for determination in favour of the respondent, Prince Adeniyi Adekunle, and consequently affirmed the judgment of an Ikole Ekiti High Court on the obaship tussle.

The lower court had earlier nullified the selection and appointment of the monarch, saying the selection process which produced him was faulty.

The Appeal Court, in its verdict on Tuesday, held that “Ekiti State Government erred to have cancelled the first selection process and having ordered for a fresh one since it has no absolute powers in law to do so”.

The court, however, validated the first selection process held on November 2, 2009, which produced Prince Adeniyi, an assistant director in the state Ministry of Information, as Owa of Odo Ayedun Ekiti.

Justice Dawodu-Williams held that “there is no evidence before the court which shows that the selection process that produced the claimant was marred by violence as alleged by the appellant” and consequently dismissed the appeal “for lacking in merit”.

While counsel for the respondent/claimant, Mr T. J. Omidoyin, described the judgment as “a deserving one,” counsel for the monarch, Mr Obafemi Adewale, said the judgment would be appealed before the Supreme Court.

Following the installation of the monarch in 2009, Prince Adebiyi had approached an Ikole Ekiti High Court, urging it to nullify the selection process that produced the king and upheld the first one conducted that produced him.

About 60 presidential candidates in the 2019 general elections have faulted the Peoples Democratic Party and its presidential candidate, Atiku Abubakar over the controversy surrounding the use of a server, describing it as unnecessary.

They also criticised the report of European Union Election Observer Mission which alleged a lack of transparency in the guidelines of election.

The parties under the aegis of Joint Forum of 60 Presidential Candidates and National Chairmen, at a press conference addressed by Alhaji Mohammed Shittu, said the Independent National Electoral Commission did creditably well.

The event was also attended by the Co-Convener of the forum and chairman of West African Coalition of Political Parties, Chief Perry Opara.

Shittu said, “We reiterate that the INEC server controversy is unnecessary. It is a plot to discredit the election as political parties never agreed with INEC in any of the several pre-election meetings that results will be transmitted electronically.

“Parties agreed on a lot of issues with the commission and those were implemented. It is worrisome that only one political party out of 91 is saying a different thing on the presidential election while at the same time praising its performance on the other elections, especially governorship, conducted by the same INEC.

“INEC consulted widely and extensively, and together with stakeholders of which we are a part of, came up with the guidelines for the conduct of the 2019 general elections, which the commission followed to the letter. We recall that nine out of the eleven points for consideration we raised as candidates under the auspices of the Inter-Party Advisory Council and Coalition of United Political Parties respectively were adopted by the Commission. How then can the EU-EOM accuse the commission of a lack of transparency in putting up guidelines for the elections?

“Therefore, the report of the EU-EOM released over a week ago wherein they alleged a lack of transparency in the guidelines of election is bewildering. With all due respect to the EU-EOM, it is left to Nigerians to decide how we conducted our 2019 general elections.

“Going forward, we would like to urge President Muhammadu Buhari to immediately sign the Electoral Act Amendment into law once it is presented to him again by the National Assembly. That amendment will hugely improve our electoral system and its processes.”

The Federal High Court in Abuja has dismissed a suit challenging Femi Gbajabiamila’s eligibility to contest the recently-concluded speakership election of the newly-inaugurated 9th House of Representatives.

The Court’s records sighted by our correspondent on Tuesday showed that Justice Inyang Ekwo dismissed the suit following the decision of the plaintiff, Philip Undie, to discontinue the case.

Undie had filed the legal action on May 21, 2019, asking the court to remove Gbajabiamila as a member of the House of Representatives and disqualify him from contesting the leadership election of the House of Representatives.

He had anchored the suit on the alleged conviction of the lawmaker for fraud and dishonesty by the Supreme Court of the State of Georgia in the United States of America in 2007.

But a new lawyer engaged by the plaintiff, Mr. S.D Okoro, appeared in court on Monday, to adopt a notice of discontinuance of the suit earlier filed.

In response, Gbajabiamila’s lawyer, Mr. Femi Adedeji, of the law firm of Mr. Femi Falana (SAN), said he had no objection to the application for the discontinuance of the case.

But Adedeji prayed that his client, having joined issues with the plaintiff by filing a counter-affidavit against the originating summons and a preliminary object, the suit should not be struck out, but should be dismissed so that it would not be re-filed in the future.

He also prayed for a cost of N1m to be awarded against the plaintiff.

Ruling, Justice Ekwo dismissed the suit as prayed by Gbajabiamila’s lawyer, but refused to award cost against the plaintiff.

The judge said, “On the last day of hearing of this case, Mr. Okoro appeared for the plaintiff but there was no processes before the court showing that there was a change of counsel before the court.

“Today (Monday), I take notice of a process titled ‘Change of counsel’ by Mr. Okoro dated June 20, 2019.

“Therefore, I am satisfied that Mr. Okoro has authority to represent the plaintiff in this case and therefore entitled to conduct the case in accordance with the law.

“Now, Mr. Okoro has adopted the notice of discontinuance dated June 17, 2019, and this is happening after issues have been joined in the substantive matter. Mr. Okoro is praying that the matter be struck out.

“I have listened to Mr. Adedeji, counsel for the 1st defendant, and on the consequential order to be made at this stage.

“It is the law that when parties have joined issues and the plaintiff seeks to withdraw the case, the proper order is that dismissing the suit.

“It is in this like that I agree with the learned counsel for the 1st defendant, and I hereby make an order dismissing this suit.

“On the issue of cost, I will not make any order as to cost since parties decided to end the matter peacefully.

“I allow them to go home without grudges against each other.”

In the suit, the plaintiff had alleged that Gbajabiamila, as a practising lawyer in the State of Georgia in the US, “was convicted and sentenced for fraud and dishonesty in relation to the sum of $25,000” belonging to a then client of the lawmaker.