Osun APC: Court throws out K-Rad’s suit challenging conduct of governorship primary

A Federal High Court sitting in Abuja on Friday dismissed a suit filed by Barrister Kunle Adegoke (popularly called K-RAD) challenging the proceedings of the governorship primary of the All Progressives Congress (APC) that produced Alhaji Gboyega Oyetola as flag bearer and eventual governor after being declared winner of the September 22 and 27 governorship poll in the state by the Independent National Electoral Commission (INEC).

Recall that Adegoke after the conduct of the party primary held on July 20, 2018 filed the suit marked: FHC/ABJ/ CS/804/2018, in which he argued among others, that the primary was not held in compliance with the relevant provisions of the country’s Constitution, the Electoral Act, the constitution of the APC and its guidelines for the conduct of primaries.

Adegoke prayed the court to, among others, nullify the primary on the grounds that it was allegedly conducted in violation of the relevant laws.
However, while delivering his judgement on Friday, Justice Inyang Edem Ekwo held that the plaintiff, Adegoke, could not prove his claim that the primary was held in violation of relevant laws and thereafter dismissed the suit.

Meanwhile, Adegoke while reacting to the judgement on Friday said he would pursue the case to the very end.

Speaking with the press shortly after the judgement, unperturbed Adegoke congratulated the ‘winners’ of the judgement but insisted that the victory will not last.

See full text of his speech below:
WHILE WE AWAIT JUSTICE…
Gentlemen of the press, today 11 January, 2019, judgment was delivered in our suit: Kunle Rasheed Adegoke v. APC, INEC & 2 Ors by the Federal High Court sitting in Abuja (Coram the Honourable Justice Inyang Ekwo).

While we thank His Lordship for the judgment given in record time, it is however interesting that we have many reasons to disagree with the judgment.

The court in its reasoning disagreed with our claims and dismissed our case contrary to all known precedents in the abundance of which the court was not made to suffer a paucity. History has just repeated itself as we were reminded of the cases of Awolowo v. Shagari, Buhari v. Obasanjo, Aregbesola v. Oyinlola (Naron’s judgment) and a host of others in which justice became a scarce commodity difficult to come by.

It is impossible to align with an opinion that makes a party to be superior to its constitution, the Constitution of the Federal Republic of Nigeria and the statutes that have been pronounced upon by the highest court in the land in earlier cases that are on all fours with our own.

Notwithstanding this interesting development, we emphasise our unrelenting faith in the judiciary as a body. We commend the forefathers who thought of a democratic constitution for us without limiting our fortunes to a single-court judicial structure without appellate opportunities. We also congratulate the ‘winners’ of today’s judgment but caution them in expressions of celebrations as this pyrric victory shall not last.

Thank you very much.

Kunle Rasheed Adegoke (K Rad)