Judge agrees to a summary hearing A Federal High Court in Abuja has fixed October 24 for the hearing of a suit filed by an aggrieved governorship aspirant of the of the All Progressives Congress (APC) in Osun State, Kunle Rasheed Adegoke. Justice I. E. Ekwo, who gave the date on Tuesday, also elected to hear the substantive suit with the preliminary objection filed by the defendants. Adegoke, in the suit marked: FHC/ABJ/ CS/804/2018, wants the court to nullify the APC primary election, which produced Gboyega Isiaka as the APC governorship candidate in Osun State over alleged irregularities. Defendants in the suit are the APC and the Independent National Electoral Commission (INEC). It is Adegoke’s contention that the conduct APC s primary election in Osun State violated the Constitution, the Electoral Act, 2010 and relevant provisions of the APC constitution, including the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission. He said, in a supporting affidavit, that the “direct method” adopted by the party allowing all general members of the party to vote in the primary election “was a departure from the extant 2014 guidelines of the party”. The plaintiff stated that contrary to the development in Osun State, “The indirect method of primary election was used in Edo State in 2016, Ondo State in 2016, Anambra State in 2017 and Ekiti State in May 2018”. He noted that he had also, in an open letter, challenged the National Chairman of the party, Mr. Adams Oshiomhole, informing him that there was no membership register of the party by which the party could conduct a credible direct primary election. He also said he informed Oshimhole that the adoption of direct primary election without membership register would be in flagrant violation of the Constitution of the party due to the time of its adoption vis-à-vis the general requirements of the law. Adegoke said APC failed to notify him as an aspirant or the INEC in writing not later than 21 days to the date of the primaries, the details including the specific location and venue, date and time for the conduct of its nomination of candidate before holding same on the July 20, 2018. He stated that APC also failed to notify INEC in writing “the rescheduling of the purported primary election from Wednesday, the 18th day of July 2018 to Friday, the 20th day of July 2018.” The plaintiff the party also failed to maintain “a proper and duly certified membership register for the purpose of conducting direct method of primaries”. He also said officers of INEC “did not monitor the primary election” which held in 332 wards of Osun State on July 20 “as no reports of such elections at the ward level were prepared and submitted to the 2nd defendant (INEC)”. The plaintiff wants, among others, a declaration “that the Osun State governorship primary election of the APC held “in flagrant violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of the 1st defendant and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission is unconstitutional, unlawful, null and void.” He also wants the court to declare that “it is unconstitutional” for the APC “to organise and conduct” the primary election “without a meeting of the National Executive Committee approving Rules and Regulations which ought to be made but was never made by the National Working Committee for the purpose of nomination of candidates through direct primary elections”. Adegoke is equally praying the court for a declaration that “it is ultra vires” for the APC to organise the primary election “without having given a prior 21-day notice of its primaries to the Independent National Electoral Commission (the 2nd defendant) indicating that a direct method of primary election shall be used”. He wants an order nullifying the primary election for allegedly violating the Nigerian Constitution,the Electoral Act, and the other cited laws, rules and regulations of the party and INEC.]]>
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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