The Chief Judge of the Federal High Court of the Federal Capital Territory has approved the request of the All Progressives Congress (APC), to transfer the case filed by Senator Jimoh Ibrahim against the Ondo State Governorship Primary Election, from Abuja where it was filed, to the Akure Division for hearing.
The case was slated for mention before Justice Inyang Ekwo in Abuja on May 29 but it will now move to the Federal High Court, Akure division, in line with extant practice direction issued by the Chief Judge to the effect that all pre-election matters should be heard and determined in the judicial division where the election took place.
The information was made known in a letter signed by the Special Assistant to the Chief Judge, Joshua Ibrahim Aji, Esq., addressed to Matthew Burkaa (SAN), it was stated that “I am directed by His Lordship, the Honourable, The Chief Judge to inform you that action has been taken by transferring this case to the Federal High Court, Akure, after considering the reply from Chief Chris Uche (SAN) of Counsel for the Plaintiff, to the first defendant’s application.
It be recalled that the APC has asked the Chief Judge of the Federal High Court, to transfer the case filed by Senator Jimoh Ibrahim, to contest the outcome of the party’s gubernatorial primary election from Abuja to Ondo State, being the venue of the primary election subject matter of the suit.
The request was made in a letter written by the counsel to the APC which is the first respondent in the suit.
Senator Jimoh Ibrahim instituted the suit at the Abuja Division of the Court on May 3, 2024, seeking to void the primary election that produced Governor Lucky Orimisan Aiyedatiwa as the candidate of the party for the November election.
Those joined alongside APC as defendants in the suit are Governor Aiyedatiwa and INEC.
When the case was mentioned before Justice Inyang Ekwo, counsel to the plaintiff, Chief Chris Uche, SAN informed the court that all the defendants have been served with the Originating Summons although their time to file their defences is still running.
Tayo Oyetibo, SAN had confirmed service on the APC and informed the Court that he had filed a Memorandum of Conditional Appearance and he is still within the time permitted by the Rules of the Court to file his defence.
He also informed the Court that a letter dated May 13, 2024, had been written to the Chief Judge of the Federal High Court requesting transfer of the case to the Akure Division, in compliance with the extant Practice Direction issued by the Chief Judge regulating the venue of hearing of pre-election cases, which must be heard and determined in the judicial division where the election took place, which by the case of the Plaintiff, is Akure.
He urged the court to await the decision of the Chief Judge on the letter.
Bode Olanipekun (SAN) confirmed service of the originating summons on Governor Aiyedatiwa on May 9, 2024, by substituted means and he is still within time to file his defence and align himself with the argument of Oyetibo, SAN on the need to transfer the case to the Akure Division where the primary election took place.
On behalf of INEC, Chief Charles Edosomwan (SAN) confirmed service of the originating summons on INEC on May 8, 2024, and he is still within time to file his defence.
He also concurred with the position of Oyetibo (SAN) on the need to transfer the case to Akure.
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