The Federal High Court sitting in Abuja has dismissed a suit challenging the primary election that produced Akinluli Omolere as the governorship candidate of the Action Alliance (A.A) in the November 16, 2024 Ondo state governorship election.
The plaintiffs, A.A, Miller Orgwu (For himself and all National Executive Committee (NEC) members elected at the A.A Elective National Convention of 7th October, 2023 held at 00PL, Abeokuta, Ogun state), Olawokere Alani and Prince Ademola Adekambi had dragged the Independent National Electoral Commission (INEC), Kenneth Udeze, James Vernimbe and Akinluli Omolere to court in their quest to disqualify the candidacy of Omolere as the Ondo state governorship candidate of the Action Alliance.
In the suit marked FHC/ABJ/CS/626/2024 filed on October 5, 2024, the plaintiffs prayed the court to declare that the action of Kenneth Udeze (2nd defendant) in unilaterally and undemocratically handpicking a governorship aspirant for A.A for the Ondo state governoship election (Imposing same on the plaintiffs, without carrying along the NEC of the A.A that was duly elected at the party’s National Elective Convention held on October 7, 2023) violates the Constitution of A.A, Electoral Act, 2022 and the 1999 Constitution of Nigeria as amended is therefore null and void.
They also urged the court to declare that the executive that produced Omolere (4th defendant) as the alleged flag-bearer of the A.A for the purpose of the Ondo governorship election is an illegal, unconstitutional and kangaroo executive and therefore renders the whole exercise a nullity.
Other reliefs are, an order of the court setting aside all actions taken by the executive that produced the 4th defendant as A.A governorship aspirant, including the purported electoral process and an order setting aside the undemocratic decision of the 2nd defendant in handpicking and imposing a governoship aspirant on the plaintiffs.
They also want the court to hold that Olowokere Alani and Prince Ademola Adekambi (3rd and 4th plaintiffs) are the valid and authentic Ondo state governorship aspirants of the A.A for the gubernatorial election in Ondo state, having been duly elected and approved by the NEC of the party as well as an order directing INEC to immediately upload the names of 3rd and 4th plaintiffs to the NEC portal as the A.A governorship and deputy governorship aspirants respectively for the Ondo state governorship election.
The 2nd defendant, Kenneth Udeze had, in a notice of preliminary objection filed on June 26 asked the court to decline jurisdiction to entertain the suit adding that the 2nd plaintiff (Miller Orgwu) has no legal right to file the suit, not being as aspirant envisaged under Section 84(4) of the Electoral Act, 2022 and Section 285(a) and (b) of the Constitution.
He said the court lacked the jurisdiction to entertain the reliefs sought by the plaintiffs in the suit, being reliefs bordering on the internal leadership tussle of the A.A, saying also that the 1st plaintiff is not challenging the actions, decisions or activities of INEC disqualifying its candidate from participating in an election or a complaint that the provisions of the Electoral Act has not been complied with by INEC in respect of the nomination of candidates of political parties for an election but rather challenging the status and action of the 3rd defendant to have acted as the national secretary of the party.
“The entire complaints of the plaintiffs in the suit are anchored on the leadership tussle and wrangling among various factions of the party which is not entertainable by the court”, he said and added that the plaintiffs are using the suit to invite the court to sit on appeal over decisions of an Abuja high Court, the Court of Appeal, which is being challenged by plaintiffs in the Supreme Court.
According to him, the court has no jurisdiction to entertain internal affairs of political parties as they are not justiciable
Justice Joyce Abdulmalik in a judgement in the suit delivered on September 24, a Certified True Copy (CTC) obtained on September 25 held that the plaintiffs do not have the legal right to institute the suit as a pre-election matter against the defendants having admitted that they participated in a completely different primary election from the defendants.
The court held that, defendants’ primary election was conducted on 27th April, 2024 at No: 69B, Hospital road, near Joani Integrated Ltd, Akure, Ondo state A.A Secretariat, Akure,Ondo state.
“In other words, the plaintiffs did not participate in the same primary election with the defendants. On 27th April 2024, two parallel primary elections were held”, the Judge said and held that, “It is crucial to mention that from the series of decisions exhibited by parties in this case, the courts have exhaustively held positions in tandem with the law which all parties here in this suit have stubbornly refused to accept but rather, they have freely elected to resort to forum shopping in courts.
“I find that such forum shopping constitutes an abuse of the process of this court which is tantamount to undermining the integrity of this court and to cause judicial collision”, she held and further stated that her name was brandished across all the processes filed by parties in an attempt to drag her court into the arena.
The Judge said she had presided over a similar matter in suit No: FHC/AB/ CS/120/2022 and held that the appellate court ruled on appeal over the same judgment, “Therefore, l am invariably functus officio this matter.
“In concussion, the apex court in the case of Bilal and others vs Isa Monujo and others (2023) LPELR 59722(CA) have further held that the doctrine of ultra vires has no application in the internal wranglings of a voluntary association of individuals (Such as political power); that parties cannot sue for breach of their internal constitution and regulations of their organisation; thus, I find this suit not justiciable.
“I order all parties to abide by the existing decisions of the courts; in default, aggrieved and unwilling parties are free to explore and join other political parties for greener pastures.
“Accordingly, I dismiss this suit. All parties shall bear their individual cost,” Justice Abdulmalik held in the judgement.
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