Ogun guber election: Legal practitioner asks court to disqualify APC’s Dapo

A Legal Practitioner, Abdurrafiu Adesina Baruwa, who is also a card carrying member of the All progressive Congress (APC) in Ogun State has asked a High Court of Justice sitting in Abuja to give an order disqualifying Mr Adedapo Abiodun, the gubernatorial flag bearer of the APC in Ogun state as candidate of the APC in the  governorship election on ground that he gave false information in his Form CF 001 submitted to the Independent National Electoral commission (INEC)  which he obtained the electoral body’s  headquarters in Abuja on Tuesday, December 11, 2018.

Baruwa further asked for an order declaring the aspirant with the second highest votes in the primaries, Jimi Lawal, as the candidate of the APC in the Ogun State 2019 Governorship election having regard to the false information contained the Form CF 001 allegedly submitted by Dapo Abiodun.

The process was filed against the All Progressives Congress (APC), Mr Adedapo Abiodun, and the Independent National Electoral Commission (INEC) through an Originating Summons that was to be served outside the Federal Capital Territory.

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Baruwa in the suit aside the orders, is asking for a declaration of court that having regard to the unambiguous provisions of Section 31 of the Electoral Act, 2010 (as amended), a candidate sponsored by a political party, in this case, Mr Dapo Abiodun, is under an obligation to make full disclosure of all his educational qualifications as demanded by INEC in the prescribed FORM CF 001.

He is also asking for a declaration that the willful concealment or refusal by Abiodun, sponsored by the APC for an election, of not disclosing all his educational qualifications as demanded by INEC in FORM CF 001 amounts to false information and that by the mandatory provisions of the Electoral Act, 2010(as amended) and National Youth Service Corps Act, Cap. N84, Laws of the Federation, 2004, Abiodun, who obtained a University Degree or its equivalent at age 30 and below cannot willfully conceal and/or refuse to disclose in his FORM CF 001 his university qualification for the purpose of evading the consequences of the Acts.

Also, Baruwa asked the court to declare that the APC is not at liberty to apply double standards in clearing and/ or disqualifying persons aspiring for elective offices and that Abiodun, who had earlier stated on oath his University qualification cannot subsequently be permitted in law to willfully conceal his University qualification for the sole purpose of evading the consequences of such educational qualifications.

In addition, he asked for a court declaration that on a proper construction of the Forms CF 001 filled and submitted by Abiodun to INEC in Abuja for the 2015 Senatorial Election and  2019 Governorship election, both certified and obtained by him on Tuesday, December 11, 2018, Abiodun has breached the clear provisions of Section 31 of the Electoral Act, 2010 (as amended) and thereby entitled to an order for his disqualification as the APC’s Governorship Candidate for Ogun State having regard to his representation made in Forms CF 001, which are domiciled and published in INEC’s headquarters at Plot 436, Zambezi Crescent, Maitama District, Abuja.

Baruwa also asked the court to determine some questions; “whether having regard to the unambiguous provisions of Section 31 of the Electoral Act, 2010 (as amended), a candidate sponsored by a political party is not under an obligation to make full disclosure of all his educational qualifications as demanded by INEC in the prescribed FORM CF 001?

“Whether the willful concealment and/or refusal by a candidate sponsored by a political party for an election to disclose all his educational qualifications as demanded by INEC in FORM CF 001 does not amount to false information and by the mandatory provisions of the Electoral Act, 2010(as amended) and National Youth Service Corps Act, Cap. N84, Laws of the Federation, 2004, a candidate for an elective office, who had obtained a University Degree or its equivalent at age 30 and below can willfully conceal in his FORM CF 001 his University qualifications for the purpose of evading the consequences of the Acts?”

Also, he asked the court to determine whether a political party such as the APC is at liberty to apply double standards in clearing and/ or disqualifying persons aspiring for elective offices or whether a candidate, who had earlier stated on oath his university qualification, can subsequently be permitted in law to willfully conceal his university qualification for the sole purpose of evading the consequences of such university qualification?

He further asked the court to determine whether on a proper construction of the Forms CF 001 filled and submitted by Dapo Abiodun, to INEC for the 2015 Senatorial Election and  2019 Governorship election, both certified and obtained by him, Abiodun has not breached the clear provisions of Section 31 of the Electoral Act, 2010 (as amended) and thereby entitled to an order of disqualification having regard to the representation he made in these Forms CF 001, which are domiciled and published in the INEC headquarters at Plot 436, Zambezi Crescent, Maitama District, Abuja?

The summons filed by Oluwole Aladedoye, Esq., was supported by a 23-paragraph affidavit deposed to by Baruwa himself and a written ad bdress to argue his points on the point of law