Osun 2018: Federal High Court promises swift hearing on K-Rad’s suit seeking to void July 20 APC primaries

….. Oyetola, Alabi sought to be joined in suit as parties

The Federal High Court, Abuja, Wednesday adjourned till October 31, 2018 hearing in a suit filed by a governorship aspirant of the All Progressives Congress (APC) in Osun State, Kunle Rasheed Adegoke, seeking the cancellation of the July 20, 2018 primary election in the state.

The plaintiff, in the suit marked FHC/ABJ/ CS/804/2018, specifically asked the court for an order to nullify the APC primary election won by Gboyega Isiaka Oyetola, the current governor-elect in Osun State over alleged irregularities.

At the resumed hearing, the Court was informed by the applicant’s counsel, Onoja, SAN that the Governor-elect, Gboyega Isiaka and his deputy governor-elect, Benedict Olugboyega Alabi filed an application yesterday to be joined as parties to the case, but curiously, it was observed that there was no copy of the application in the court’s file when the case was called.

Onoja, SAN further informed the court and observed that the application by Oyetola and Alabi was not competent as it was not supported with necessary defence of the parties intending to join.

Notwithstanding the flawed status of the application, Justice Ekwo J. while agreeing to the magnanimity of Onoja, SAN to allow the defendants to take the application, warned both Counsel of APC and that of Oyetola & Alabi of his readiness to dispose of the suit swiftly.

Responding APC’s counsel, Barrister Akamaga informed the court that on his honour, he would not delay the proceedings and that he would file all processes timeously to which the Judge responded that it wanted to see ‘physical honour’.

Consequently, with the concurrence of all parties, the matter was adjourned to Tuesday next week, October 31 for joinder of the intending parties who are expected to also file their defence before the said date.

The plaintiff in the originating summons is praying the court for a declaration that the Osun State governorship primary election of the 1st defendant purportedly 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 amended), 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 (INEC) is unconstitutional, unlawful, null and void.

Consequently, he is also praying for an order nullifying the Osun State governorship primary election of the 1st defendant held on the 20th day of July, 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.

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 the 20th day of 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.

He is also praying for an order of court restraining the defendants from relying on or using the purported results of the purported Osun State governorship primary election of the 1st defendant held on the 20th day of July, 2018 in Osun State for the purpose of nominating the 1st defendant’s governorship candidate in the just-concluded Osun State governorship election which held on September 22, 2018.