Osun West bye-election: Court adjourns Hussain eligibility case to October 3

A Federal High Court, sitting in Osogbo, on Tuesday fixed October 3rd, 2017 for the hearing on the matter instituted by the chairman of All Progressive grand Alliance (APGA), in Osun, Pastor Olatunji Popoola; assistant state auditor of All Progressive Congress (APC), Mr Tajudeen Adekunbi and another member of APC, Mr Basiru Abidoye Adigun against Senator Mudashiru Hussain.

The plaintiffs had on Friday filed an application before the court to disqualify Hussain, who is the candidate of the APC in this Saturday’s by election for Osun West Senatorial District.

Other defendants joined in the suit include the Independent National Electoral Commission (INEC), APC, Osun State government, chairman of the APC screening committee for the bye-election, Hon Sanusi Rikiji and chairman of the appeal committee of the APC, Hon Abdullahi Bello.

In an originating summon deposed to in a sworn affidavit by the first plaintiff, Pastor Olatunji Popoola, the litigants wanted the court to determine among other issues “whether the qualification for senatorial election is not governed by Section 65 and 66 of the Constitution of the Federal Republic of Nigeria, 1999 as amended”.

“Whether the disqualification of the 1st defendant (Hussain) by the 3rd defendant (Rikiji) and 4th defendant (Bello) is not in compliance with the term and tenure of Section 66(1) (f) of the Constitution of the Federal Republic of Nigeria, 1999 and APC 2014 guidelines for nomination of candidates for public office.”

“Whether the 5th defendant (INEC) can validly accept the 1st defendant as the candidate of the 2nd defendant (APC) for the purpose of 8th July, 2017 Osun West Senatorial by election, the 1st defendant having not resigned his appointment from the public service of the 6th defendant (Osun State government) as Commissioner in charge of cabinet matters less than 30 days before the said by election.”

Therefore, the plaintiffs were seeking an order of the court “disqualifying the 1st defendant as the candidate of the 2nd defendant from contesting Osun West Senatorial District by election scheduled to hold on 8th July 2017, being a commissioner in the public service of the 6th respondent, who failed, refused and neglected to resign his appointment 30 days before the scheduled by election”.

When the matter up for mentioning in court on Monday, counsel to the 1st, 2nd, and 6th respondents, Mr Wale Afolabi said his clients have not been served the originating summons of the matter.

But, the lead counsel to the plaintiffs, Mr Wole Jimi-Bada insisted that the resplendently have been duly signed and he sought the indulgence of the court to entertain the matter on or before Friday, saying the litigation was time bound because the election was coming up on Saturday.

The presiding judge, Justice M. A. Onyetenou, however, adjourned the matter till 3rd October, 2017.