Two members of the party, Comrade Adeniyi Clement and Prince Timothy Olapade, had approached the court over alleged exclusion of members from the ward, local government and state congresses of the state chapter held on the 5th, 12th and 19th of May, 2018.
In the Suit No. FCT/HC/BW/CV/133/2018, the party’s National Chairman, Comrade Adams Oshiomhole, Ogun APC Chairman, Chief Derin Adebiyi, and Independent National Electoral Commission (INEC), were joined as the first, second, third and fourth defendants respectively.
The claimants in a motion ex-parte filed before the court dated September 25, sought an order granting leave to them to serve Oshiomhole and Adebiyi the originating process and other processes in the suit by substituted means.
Other prayer sought before the court was an order of interim injunction restraining the first through third defendants/respondents from departing from the directive of NWC that only direct primary option should be used for the Ogun State governorship primary election till the hearing and determination of the motion on notice.
The applicants further demanded an order of interim injunction restraining the party officers and executives that emerged from the ward, local government and state congresses from performing duties of such offices pending the hearing and determination of the motion on notice on interlocutory injunction.
Delivering his ruling, Justice O. A Musa gave an order that the party in the state should not conduct primary in the indirect mode against the directive of the NWC that direct primary mode should be conducted.
Musa granted three of the reliefs sought by the applicants, by restraining the defendants either by themselves, agents, privies or any officer under their employment or direction from conducting the governorship primaries in any other manner other than the direct primary option as issued by the NWC at its meeting of 24th September, 2018 pending the hearing of the motion on notice.
He also granted leave to the claimants to serve Oshiomhole and Adebiyi all originating and subsequent processes in the suit by substituted means.
The judge ordered the APC “to abide by the authority of the Supreme Court in Mil. Governor of Lagos State & Ors V. Ojukwu (1986) LPELR – 3186 (SC) to the effect that if any officer, subject to this suit or whose position is being challenged herein, conducts any primaries herein, this court has power to void same.”
The case was adjourned to October 15, 2018 for hearing of the motion on notice.
and then