The Ibadan, Oyo State Division of Nigeria’s Court of Appeal has fixed November 24, 2015, to start hearing an appeal by Buruji Kashamu whose senatorial election was invalidated by an electoral tribunal in Ogun State. The Independent National Electoral Commission (INEC) had declared Mr. Kashamu as the winner of the Ogun East Senatorial District election after the March 28, 2015, elections.
Mr. Kashamu is a fugitive from justice in the United States where prosecutors have accused him of being the mastermind of an extensive drug trafficking ring. Last week, a judge in Chicago, Illinois reaffirmed that Mr. Kashamu was still wanted to face prosecution. The controversial politician has denied involvement in any drug-trafficking activities, asserting that British courts had released him from detention after determining that he had nothing to do with criminal activities. He has also claimed that his brother, whose whereabouts remain unknown, was the likely suspect. He has mounted several legal challenges in Nigeria to frustrate his extradition to the US to face drug-related.
Following INEC’s declaration of Mr. Kashamu as a senator, Prince Dapo Abiodun of the All Progressives Congress (APC), petitioned the Ogun State House and National Assembly Petitions Tribunal, seeking invalidation of the result. On October 9, 2015, the Tribunal invalidated Mr. Kashamu’s election and ordered INEC to conduct fresh elections in 110 polling units within 90 days.
Mr. Kashamu appealed the tribunal’s verdict, asking the Ibadan-based Court of Appeal to uphold his election. Mr. Abiodun, the APC’s senatorial candidate, also filed his appeal urging the appellate court to nullify the senatorial election in all polling units where the tribunal had discovered evidence of corrupt practices, irregularities and non-compliance with the electoral law. The APC candidate’s lawyers include Ricky Tarfa, Yusuf Ali, and Biodun Owonikoko.
Mr. Abiodun also seeks the appellate court’s verdict that he was the valid winner of the senatorial election, arguing that he received a majority of the regular votes once all invalid votes are deducted.
Should the Court of Appeal be reluctant to declare Mr. Abiodun the valid winner of the March 28 election, his lawyers are urging the justices to rule that fresh polls be conducted in all polling units where irregularities were established, not just the 110 polling units where the tribunal nullified the outcome.