Court declares Akande-Sadipe APC Reps candidate for Oluyole constituency

Justice Uche Nma Agomoh of a Federal High Court sitting at Ring road, Ibadan on Friday, dismissed a case filed against a lawmaker, Tolulope Akande-Sadipe by Hon. Olugbemi Sunbo, contesting her emergence as the candidate of the All Progressives Congress in Oluyole Federal Constituency.

Akande-Sadipe had emerged as the APC candidate for the constituency on May 27, 2022, but one of those that contested fie the ticket filed an application before the court o June 22, 2022, asking the court to among other things, invalidate the primaries that declared Akande-Sadipe as the winner.

In its ruling on the application on Friday, the court held that Akande-Sadipe, who represents the constituency, remains the rightful candidate of the APC in Oluyole Federal Constituency.

The suit, Samson OLUSUMBO Olugbemi vs APC & 2 others with delineated FHC/IB/CS/109/2022 was consequently dismissed on the grounds that there was no evidence that he (Olugbemi) won the primaries.

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The court held that the case was statute barred having been filed over 14 days after the cause of action occurred, which is the APC primary election on 27th of May, 2022 contrary to the provision of the constitution that provides that any action challenging the primary election must be filed within 14 days of the primary.

The court upheld that the plaintiff does not qualify as an aspirant under the electoral act 2022 having not asserted that he participated in the primary.

Justice Agomoh further held that there were no grounds put before it to nullify the ticket of the party in the custody of Akande-Sadipe, having fulfilled all the provisions of the law and complied with stipulated guidelines.

The court said it does not have jurisdiction to entertain the plaintiff’s action “because the plaintiff claimed that there was no primary election. The court is only empowered under section 285(14) of the constitution to examine the absence of due process in the conduct of primaries of a political party. However, the plaintiff said there was no primary election. The court rightly declined jurisdiction.

“The Federal High court Ibadan is not the proper forum to commence the action because by the FHC Practice Direction on Pre Elections, 2022. An action must be commenced at Federal High Court Abuja where the plaintiff complains against the decision of INEC and APC whose headquarters are both in Abuja,” it held.

The court declared Akande-Sadipe as the validly nominated and authentic candidate of the APC for the Oluyole Federal Constituency House of Representatives seat February 2023 election.