Agboola: S’Court to hear appeal of Speaker, Clerk, today
By Mumini AbdulKareem
The Supreme Court has fixed Monday October 2nd, 2020 (today) to determine the appeal filed by the Speaker of the Kwara State House of Assembly, Engr Yakubu Danladi and Clerk, Hajia Halima Jumai Kperogi over the judgment of the Appeal Court.
The Speaker and clerk had approached the apex court to appeal the subsisting judgement of the Court of Appeal which reaffirmed the sack of Hon Hassan Azeez Oluwanilo and also awarded damages against the embattled lawmaker, speaker and other respondents joined in that case.
The tussle for the Ilorin South seat is between Oluwanilo of the All Progressives Congress (APC) his Peoples Democratic Party (PDP) counterparts in the House of Assembly election, Hon Jimoh Agboola during the 2019 polls.
Confirming the development, Agboola told Pilot Politics that the Supreme Court has notified both parties about the development adding that apex court conclusion of the matter will pave the way for completion of the protracted trial at the Appeal Court.
He said “The Supreme Court has fixed 2nd of November to determine the appeal of the Speaker and the clerk on the enforcement of the Appeal Court judgment in our favour and both parties have been notified.
“However, the case of contempt of the speaker and the clerk which we took to the appeal court is still pending and that will be determined after the apex court is done with this stage of trial.
“Initially, the stay of execution of the judgment of the appeal court in our favour that the Speaker, clerk and Oluwanilo took to the appeal court has been struck out. The issue of contempt that was brought to the appeal court is what the speaker and clerk have now appealed at the apex court”, the court backed lawmaker noted.
After several failed attempts, Agboola finally met with the Speaker and the leadership of the Kwara State House of Assembly in September, 2020 following which he told newsmen that they had a fruitful discussion.
Mr Agboola, who had served in the previous assembly, was the candidate of the PDP for the House of Assembly election in Ilorin South Constituency in 2019.
After the March 9, 2019 election, his opponent, Azeez Elewu Oluwanilo of the All Progressives Congress (APC), was declared winner and sworn in. This was however contested at the election petition tribunal.
While the election tribunal ordered fresh election in Ilorin South constituency, a higher court, the Court of Appeal, declared the PDP candidate as the elected candidate.
Mr Oluwanilo’s victory was upturned at the Appellate Court after the judge ruled that he did not submit his name to the Independent National Electoral Commission (INEC), thereby nullifying the certificate of return issued. INEC later withdrew Oluwanilo’s certificate and certified Agboola the authentic candidate as declared by the Court of Appeal.
However, in another ruling in July, the Appeal Court ordered the Assembly to swear in the PDP candidate, affirming the similar judgement delivered in November 2019.
In early October, a non-governmental organisation, Kwara Agenda, said it will occupy the assembly over the issue.
“We note that this very action is capable of disrupting the peace we are enjoying in the state if the well meaning Kwarans particularly the Ilorin South Constituency are allowed to take law into their hands,” the group said in a statement.