Osun 2018: Oyetola, Alabi listed as defendants, K-Rad enlists top SANs to void the July 20 Primaries

Ripples generated by the All Progressive Congress (APC) primary election of July 20, 2018 are yet to simmer as Gboyega Oyetola and Benedict Alabi, Osun Governor-elect and Deputy Governor-elect respectively, were both listed 3rd and 4th defendants when the case filed by Kunle Rasheed Adegoke, K-Rad v. APC & INEC came up at the Federal High Court, Abuja today, October 31, 2018 for hearing of all pending applications by the court.

The plaintiff, in the suit marked FHC/ABJ/ CS/804/2018, is specifically asking 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.

While the plaintiff was represented by an array of lawyers led by two Senior Advocates of Nigeria (SANs), Sir Steven Adehi, SAN and AU Mustapha, SAN, All Progressives Congress (APC) was represented by Barrister Akamaga from BAM Fashanu SAN’s chambers. INEC was not represented by counsel but Mr. BJ Komolafe represented the Osun State Governor-elect Mr. Gboyega Oyetola and Benedict Olugboyega Alabi.

At the resumed hearing, the application for joinder for Oyetola was moved by his counsel and was granted by Justice Ekwor thereby making Oyetola the 3rd defendant and Alabi the 4th defendant. Oyetola and Alabi have also filed their proposed counter-affidavit against the case of Adegoke, while APC is also contending that the case be dismissed.

Making good his earlier promise to give the case accelerated hearing, the presiding Judge gave the plaintiffs two days to amend the originating summons reflecting the new defendants; just as each defendant has two days to file defences and the plaintiff another two days to reply.

The suit was subsequently adjourned till November 13, 2018 for hearing of the substantive matter.

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.</