The case instituted by 2,517 aggrieved members of All Progressives Congress (APC) loyal to Minister of Interior, Rauf Aregbesola to invalidate ward congress held on July 31st 2021 in Osun State suffered a setback as a Federal High Court sitting in Osogbo denied jurisdiction to entertain the case on Wednesday.
The presiding Judge, Justice Emmanuel Ayoola in his ruling, said, the court can’t interfere with the internal issue of party unless it falls under Section 87(9) of the Electoral Act.
He however affirmed that, the suit brought before the court was strictly party affairs which the court lacks jurisdiction on the matter.
According to him, “The claims of the plaintiffs is to draw the court to the internal affairs of the party which is not enshrined in the constitution.
“Supreme Court has said court can’t interfere with the internal issue of party unless it falls under Section 87(9) of the Electoral Act.
“The plaintiff the are not qualified to be called an aspirant in the said congress. An aspirant is someone who participated in the election. PDP v Timprale Silva. APC v Marafa. Pltf has no status under or right under S. 87(9).
“The fact remains that this matter does relate to the nomination of any candidate, accordingly, the dispute does not fall under Section 87(8) of Electoral Act and Section 251 of the CFRN. The case isn’t covered by the law and can’t be adjudicated by the court.”
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