Barrister Bimpe Olatemiju, a constitutional lawyer described the judgment of the Election Petition Tribunal between Hon. Albert Akintoye of APC and Hon. Gboluga Ikengboju representing Okitipupa/Irele Federal Constituency as a charade that can never stand.
The Election Petition Tribunal, sitting in Akure, Ondo State Capital, has on Wednesday nullified the election of Hon. Ikengboju Gboluga, representing Okitipupa/Irele Federal constituency in the federal House of Representatives under the platform of the People’s Democratic Party (PDP).
The court nullified the election of Gboluga for sworing his allegiance to the United Kingdom having acquired the citizenship of the country. The court said he was not eligible to contest for the February 23, 2019, National Assembly election for his allegiance with UK.
In a personal statement signed by Barrister Olatemiju and sent to our correspondent in Akure on Wednesday, he described the judgement as quite unfortunate especially in lieu of the judgement of Higher Court/Appeal court ,Supreme Court in the celebrated case of Governor Ajimobi and Senator Obanikoro wherein the court gave credence to the provision of the constitution of the Nigeria endorsing Section 28 therein.
He cited Section 28 of the 1999 constitution.
“… it is clear and I hereby hold that the acquisition of dual citizenship by a Nigerian per say is not a ground for disqualification for election to the National Assembly particularly where the Nigerian citizen is a citizen by birth. That is the clear meaning of the provisions in sections 66(1) and 28 of the 1999 constitution when taken together.”
He said the judgement cannot stand the test of Appeal court and the judgment will therefore be set aside and reverse.
“Hon Gboluga is a citizen of Nigeria by Birth.He cannot be deprived of his inalienable right as guaranteed by the constitution which is the bedrock.”
He urged the party members to remain calm and maintain peace.
“I appeal to all party loyalist to keep calm as the process of Appeal is ongoing immediately.
“No cause for Alarm APC cannot change the decision of millions of the electore that overwhelmingly voted for Hon Gboluga.”, he added.