Adegoke asked the court to declare the primary null and void because he believes that it was in flagrant violation of the Constitution of the Federal Republic of Nigeria 1999 (as altered), the Electoral Act 2010 as amended and relevant provisions of the constitution of the APC as well as the conduct of political party primaries of INEC.
The Originating Summons further asked the court to declare that by the provisions of the constitution of the APC 2014 as amended, Article 20, that it is ultra vires the APC held its primary election in Osun state without rules and regulations made by its National Working Committee and approved by its National Executive Committee for the purpose of nomination of candidates through primary election.
He also asked for a declaration that by Article 25B(ii) of the constitution of APC 2014 as amended, it is unconstitutional for the party to organize a party primary without a meeting of the National Executive Committee approving rules and regulations which ought to be made but was never made by the National Working Committee for the purpose of nomination of candidates through direct primary election.
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He further asked for a declaration that it was ultra vires of his party to organize and hold the Osun state governorship primary election without giving a prior 21-day notice of its primaries to INEC indicating a direct method of primary election shall be used.
The legal practitioner also asked for an order of court nullifying the APC governorship primary election in Osun state as well as an order restraining INEC from giving recognition to the outcome of the primary election and from relying on the outcome for the election slated for September 22.
The Originating Summons supported by a 25-paragraph affidavit deposed to by the plaintiff and a written address further asked the court to determine whether the primary election conducted by APC in Osun state is constitutional.
and then