Osun 2018: APC Aspirant urges court to nullify primary for infraction of law
Cecilia Oluyori
The last may not have been heard of the ripples generated following the conclusion of the last Osun All Progressives Congress, APC guber primary election held on July 20.
Making good his threat to challenge the illegality of the process under which the primary election held, a leading contender during the primaries and a renowned Attorney, Kunle Rasheed Adegoke (K-Rad), has dragged the party and INEC before an Abuja Federal High Court.
Adegoke is urging the Federal High Court sitting in Abuja to nullify the recent primary election conducted by the All Progressive Congress (APC), in Osun State for the forthcoming governorship election fixed for September 22 this year, on ground of infraction of law.
In 31-page originating summon, supported with sworn affidavit filed by the aspirant in the last party’s primary, he was praying the court to nullify the results of the primary election on the ground that the party violated the 1999 Constitution, the Electoral Act, 2010 and relevant provisions of the APC constitution.
Joined as defendants in the originating summons were the All Progressive Congress, APC and the Independent National Electoral Commission, INEC.
The plaintiff was asking the court to declare that the Osun State governorship primary election of the APC purportedly held on the July 20, 2018 in Osun State is in flagrant violation of the 1999 Constitution and Article 20 (V) of the party’s constitution, which mandated the party to abide by 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 also prayed for an order restraining INEC from according any recognition to the outcome of the said Osun State governorship primary election of the APC, and regard it as a primary conducted in violation of the Constitution of the Federal Republic of Nigeria, 1999.
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The plaintiff also prayed 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 APC held on the 20th day of July, 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 September 22, 2018 or any other date as may be appointed by the INEC.
The plaintiff stated 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 day of July, 2018 without a meeting of the National Executive Committee approving Rules and Regulations which ought to be made but was never made by the NWC for the purpose of nomination of candidates through direct primary elections.
He prayed the court to declare that it is ultra vires for the APC to hold and organize the Osun State governorship primary election without given a prior 21-day notice of its primaries to INEC, indicating that a direct method of primary election shall be used.
To this end, Adegoke was praying the court to nullify the Osun State governorship primary election of the APC held on July 20, on the ground that it was in flagrant violation of the 1999 Constitution, the Electoral Act, 2010 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.
It would be recalled that the plaintiff, himself a renowned Electoral Petition Attorney has raised serious issues on process of the primary on the eve of the primary at a World press conference he addressed in Osogbo, a position he reiterated when all the 17 Aspirants were addressed by the Primary election officials at the APC Secretariat and several high profile media interview ge granted prior, during and after the primaries
He is more than convinced that he has a strong case and the locus standi as a participant to prove beyond reasonable doubt why the result of the primaroes could not stand due to what he described in his prayers as ‘flagarent disregard for due process’ by APC in the conduct of the Osun guber primary.
