The Abuja Division of the Federal High Court on Thursday, fixed September 27 to commence hearing on a suit seeking to void the governorship primary election of the All Progressives Congress (APC), held in Osun State on July 20.
Justice Nnamdi Dimgba ordered that hearing notices should be served on both the APC and the Independent National Electoral Commission (INEC), who were cited as 1st and 2nd Defendants in the suit that was lodged before the court by an aggrieved governorship aspirant in the state, Mr. Kunle Rasheed Adegoke.
The plaintiff, in his suit marked FHC/ABJ/CS/804/2018 maintained that the APC primaries was conducted in gross violation of the 1999 Constitution, the Electoral Act, 2010; as well as relevant provisions of the Party’s Constitution and INEC’s Regulation for the Conduct of Political Party Primaries.
Aside praying the court to restrain the APC from relying on or using the outcome of the purported primary election for the purpose of nominating a candidate for the Osun State governorship election billed for September 22, the plaintiff equally urged the court to stop INEC from recognising the outcome of the exercise.
It will be recalled that the APC had at the end of the disputed primary election, declared Mr. Gboyega Oyetola who was the Chief of Staff to the outgoing Governor of Osun State, Mr. Rauf Aregbesola, as its gubernatorial flag-bearer.
Oyetola was declared winner of the primary election in which 16 other aspirants including Adegoke participated.
Meantime, Adegoke, on Thursday, alleged plot to stall hearing of his case till after the governorship election.
He made the allegation following the absence of both the APC and INEC in court when the matter was called up.
The plaintiff’s counsel, Mr. Abdulrakeem Mustapha, SAN, told the court that the Defendants were served with all the relevant processes, as well as hearing notices, since August 8.
He decried that both Defendants neither sent a legal representative nor filed any process in response to the suit that was okayed to be heard during the court’s vacation.
“My Lord this is a mark of disrespect to this court. The vacation will end next week and by the time this matter is heard, the election would have taken place in Osun State”, Mustapha stated.
He urged the court to go ahead and hear the matter in the absence of the Defendants.
However, Justice Dimgba said he was minded to, in the interest of justice, to grant the Defendants one more chance to appear for the hearing.
Specifically, the plaintiff is urging the court to among other things, 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 INEC, 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.
As well as, “Whether this Court ought to nullify the Osun State governorship primary election held on the 20t h 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”.
He wants the court to declare 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 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.
Likewise to declare 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”.
