Court fixes Sept 27 to hear suit seeking cancellation of Osun APC primary

A Federal High Court sitting in Abuja on Thursday adjourned till Sept 27, 2018, hearing in a suit filed by a governorship aspirant of the All Progressives Congress (APC), in Osun State, Kunle Rasheed Adegoke, seeking the cancellation of the July 20, 2018, primary election in the State.

The plaintiff in the suit marked FHC/ABJ/ CS/804/2018, specifically asked the court for an order to nullify the APC primary election won by Gboyega Oyetola, the APC governorship candidate in Osun State over alleged irregularities.

Defendants in the originating summons brought pursuant to Section 87(9) of the Electoral Act, 2010 as amended, Order 3 Rule 1 of the Federal High Court (Civil Procedure) Rules 2009, are the APC and the Independent National Electoral Commission (INEC).

When the matter came up on Thursday, counsel to Adegoke, Abdulhakeem Mustapha (SAN), informed the court that the matter was slated for hearing but observed that both APC and INEC were not represented in court.

Mustapha, however, told the court that the matter was ripe for hearing being an election matter and the fact that all the processes have been served on the respondents since August 8.

He, however, wondered why neither the respondents nor their counsel was not in court.

The vacation judge, Justice Nnamdi Dimgba, noted that the respondents should be given another opportunity to appear before the court as the plaintiff only obtained leave to file the matter during a vacation on September 4th.

However, the judge stated that the case file will be returned to the Chief Judge of the Federal High Court for reassignment to the regular court as the vacation ends Friday.

Consequently, the matter was adjourned to Sept 27th, 2018.

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 to 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.