A Federal High Court sitting in Abuja has dismissed a suit seeking the disqualification of the All Progressives Congress, APC, and Governor Gboyega Oyetola from the Osun State governorship election slated for Saturday.
This was contained in the judgment given by Justice Inyang Eden Ekwo on Thursday.
Justice Ekwo ruled out the suit on six grounds that the plaintiff, a chieftain of APC, Moshood Olalekan Adeoti, failed to establish any justifiable cause of action, stating the matter constituted a gross abuse of the court process and that the plaintiff did not exhaust the internal mechanism before rushing to court.
He however upheld the arguments of Olusegun Jolaawo (SAN) that membership of the APC’s Caretaker Extraordinary and Convention Planning Committee (CECPC) by Governor Oyetola in which the suit is predicted is an ad-hoc body and not the real APC’s office recognised by the party’s Constitution.
Adeoti had sought disqualification of the incumbent governor, Gboyega Oyetola from the governorship poll.
In the originating summons, he prayed the court to nullify Oyetola’s candidacy on the grounds that the governor contested in the February 19 primary election as a member of the APC’s National Caretaker Extraordinary and Convention Planning Committee (CECPC).
The plaintiff said the act contravened the provisions of Section 222 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 31(iii) of the APC, October 2014 (as amended).
But the judge held that CECPC is not officially recognised by the APC’s Constitution upon which anybody can be disqualified but a mere ad-hoc body put in place in the absence of the National Executive Committee known to law.
Governor Oyetola is seeking to extend his tenure in office by another four years, having won the last election held in 2018.
The plaintiff said the act contravened the provisions of Section 222 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 31(iii) of the APC, October 2014 (as amended).
But the judge held that CECPC is not officially recognised by the APC’s Constitution upon which anybody can be disqualified but a mere ad-hoc body put in place in the absence of the National Executive Committee known to law.
Governor Oyetola is seeking to extend his tenure in office by another four years, having won the last election held in 2018.