Osun Guber: APC Aspirant Drags Party, INEC To Court, Seeks Cancellation Of Primaries

0

Kunle Adegoke, a gubernatorial aspirant of the All Progressives Congress in Osun state, has approached a Federal High Court sitting in Abuja, seeking the nullification of the July 20, 2018, primary election conducted in the state over alleged irregularities.

The other defendant in the suit filed by Abdul Usman, SAN, on behalf of Adegoke is the Independent National Electoral Commission.

Adegoke was one of the team of lawyers who defended Governor Rauf Aregbesola at the last election petition.

The plaintiff’s originating summon was filed pursuant to section 87(9) of the Electoral Act, 2010 as amended, and Order 3 Rule 1 of the Federal High Court (Civil Procedure), Rules 2009.

By the originating summon endorsed by Adegoke’s lead counsel, Ayotunde Ogunleye, the plaintiff wants the court to determine “Whether, having regard to the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of the defendant and the regulation for the conduct of political party primaries of the Independent National Electoral Commission, the Osun state governorship primary election of the 1st defendant purportedly held on the 20th day of July, 2018 in Osun State is not unconstitutional, unlawful, null and void.

Adegoke also is asking the court to decide whether it ought to nullify the Osun state governorship primary election held on the 20th day of July, 2018 in Osun state in flagrant violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of All Progressives Congress, 2014 (as amended) and the regulation for the conduct of political party primaries of the Independent National Electoral Commission same being unconstitutional, unlawful, null and void.

Further more, the plaintiff wants the court to decide whether it ought to restrain the 2nd defendant from giving any recognition to the outcome of the said Osun state governorship primary election of the 1st defendant held on the 20th July, 2018 in Osun state same having been conducted in violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of All Progressives Congress, 2014 (as amended) and the regulation for the conduct of political party primaries of the Independent National Electoral Commission.

Upon the determination of the questions in his favour, Adegoke is praying the court to declare that the Osun state governorship primary election of the 1st defendant purportedly held on the 20th July, 2018 in Osun state in flagrant violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of the 1st defendant’s conduct of political party primaries of the Independent National Electoral Commission is unconstitutional, unlawful, null and void.

The plaintiff is equally seeking the court to hold that, by Article 25b(ii) of the Constitution of the All Progressives Congress, 2014 (as amended), it is unconstitutional for the 1st defendant to organize and conduct the governorship primary election held in Osun state on the 20th July, 2018 without a meeting of the National Executive Committee approving rules and regulations made by the National Working Committee for the purpose of nomination of candidates through primary elections.

In addition, the plaintiff is praying the court for a declaration that it is ultra vires the 1st defendant to hold and organize the Osun state governorship primary election held in Osun state on the 20th July, 2018 without having given a prior 21-day notice of its primaries to the Independent National Electoral Commission (the 2nd defendant) indicating that a direct method of primary election shall be used.

Adegoke wants a declaration that, by the provisions of the Constitution of the All Progressives Congress 2014 (as amended), Article 20(v) thereof, it is ultra vires the 1st defendant to organize, hold and conduct the governorship primary election held on the 20t h day of July, 2018 in Osun state without Rules and Regulations made by its National Working Committee and duly approved by its National Executive Committee for the purpose of nomination of candidates through primary elections.

He equally wants the court to make an order nullifying the Osun state governorship primary election of the APC held on July 20, 2018 in Osun state same having been conducted in flagrant violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of All Progressives Congress, 2014 (as amended) and the regulation for the conduct of political party primaries of the INEC.

He is also praying for an order of court restraining the APC and INEC from relying on or using the purported results of the purported Osun State governorship primary election of the APC held on July 20, 2018 in Osun state for the purpose of nominating the party’s governorship candidate in the forthcoming Osun state governorship election scheduled to hold on the 22nd of September 2018 or any other date as may be appointed by the 2nd defendant.

The plaintiff also wants an order of court restraining the 2nd defendant from according any recognition to the outcome of the said Osun state governorship primary election of the 1st defendant held on July 20, in Osun state, same having been conducted in violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of All Progressives Congress, 2014 (as amended) and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission.

However, when the matter came up on Thursday, counsel to both APC and INEC were not represented in court.

Usman had informed the court that all the processes had been served on the respondents since August 4.

He urged the court to proceed with hearing of the matter but the trial judge, Justice Nnamdi Dimgba said the defendants should be given another opportunity to appear before the court .

The court later adjourned to September 26, and ordered that hearing notices be served on the defendants.

Leave A Reply