The Supreme Court Tuesday struck out Mr Sina Akinwunmi’s notice of appeal challenging the Court of Appeal’s judgment that sacked him as member of the Ondo state House of Assembly.
Justice Mary Odili, who read the decision of a five-man panel of justices, held that the appeal was none existent.
Odili, while delivering her judgment, said “this notice of appeal having been withdrawn is hereby struck out for being incompetent”.
The Appeal Court had also upheld the judgement of the Ondo state High Court which sacked Akinwunmi as a member of the Ondo state House of Assembly, representing Okitipupa constituency 2 on the platform of the All Progressives Congress.
The state high court had ordered the Independent National Electoral Commission to withdraw the Certificate of Return earlier issued to Akinwumi and give it to James Ololade-Gbegudu from the same party.
The lower court declared Ololade-Gbegudu, the winner of the APC state Assembly primary conducted on October 5, 2018 in the state constituency and nullified the election of Akinwumi.
Though Akinwumi contested and won the March 9, House of Assembly general election in the constituency, the court upheld that Ololade-Gbegudu won the party’s primary and should be the candidate of the APC in the general election. (NAN)