Court Nullifies Oyetola’s Nomination as APC’s Guber Candidate in Osun

*S’Court ends Edo PDP’s protracted row, dismisses Orbih’s suit

Alex Enumah in Abuja

Justice Emeka Nwite of the Federal High Court, Abuja yesterday nullified the nomination of Governor Isiaka Oyetola and his Deputy, Benedict Alabi, as candidates of the All Progressives Congress (APC) in the just concluded governorship election in Osun State.

On the same day, the Supreme Court dismissed an appeal filed by a faction loyal to a Peoples Democratic Party (PDP) chieftain, Dan Orbih, over the authentic delegate’s list for the selection of the party’s candidates in the 2023 general election in Edo State.
Justice Nwite nullified the nominations of Oyetola and his deputy while delivering judgment in the suit filed by the PDP, meaning that they were never candidates in the just concluded governorship election.

The suit marked: FHC/ABJ/CS/468/2022, has former Acting Chairman of the APC and Governor of Yobe State, Mai Mala Buni and four others as defendants.
Justice Nwite in his judgement held that the nomination of Oyetola and his deputy, was unlawful and unconstitutional because Buni, who submitted their names to INEC, violated the provisions of Section 183 of the Constitution and Section 82(3) of the Electoral Act 2022.

Mr. Kehinde Ogunwumiju, SAN, counsel to the PDP, had in the suit dated April 7, urged the court to void the nomination of Governor Oyetola and his deputy as the duly nominated candidates of the APC on the grounds that the action of Buni breached the law.  
However, Ogunwumiju’s submission was opposed by Oyetola’s lawyer, Mr. Kunle Adegoke, SAN, who urged the court to dismiss the suit for being incompetent and lacking in merit.

According to Oyetola’s lawyer, the Plaintiff did not have the locus to commence the legal action against the defendants, since it was not a member of the APC and more so, the issue of nomination was an internal matter of political parties.
Oyetola, in addition, argued that the suit was statute-barred, hence the court should dismiss it.
In his judgement, Justice Nwite agreed with the submissions of the Plaintiff’s counsel and declared as null and void, the nomination of Oyetola and Alabi by the APC.

The court also held that Governor Buni acted in contravention of the provision of Section 183 of the Constitution when he held dual executive positions as the Governor of Yobe State and the Chairman of the National Caretaker Committee of APC.

The court held that the steps or decisions taken by Buni, including forwarding the names of Oyetola and Alabi to INEC, amounted to a nullity in law.
Recall that the Independent National Electoral Commission (INEC), had declared the candidate of the PDP, Senator Ademola Adeleke, winner of the July 16 governorship election, having scored the highest number of votes cast at the polls.

S’Court Ends Edo PDP Row, Dismisses Dan Orbih’s Suit

The Supreme Court yesterday dismissed an appeal filed by a faction loyal to a PDP chieftain, Dan Orbih, over the authentic delegates’ list for the selection of candidates in the 2023 general elections in Edo State.

The apex court in a unanimous decision dismissed the appeal on the grounds that the court lacked the jurisdiction to entertain the appeal.
The Adhoc Delegate Committee members loyal to Orbih, had approached the Supreme Court to set aside the judgement of the Court of Appeal against them.
Recall that the appellate court had set aside the decision of the Federal High Court recognising the Adhoc Delegate Committee list of Orbih’s faction, on the grounds that the trial court lacked the jurisdiction to entertain the suit in the first place.

The appellants (Monday Osagie and others) in their appeal, specifically asked the apex court to nullify the decision of the Court of Appeal and restore the judgement of the trial court which recognised them as the authentic Adhoc delegates for the selection of candidates for the National and State House of Assemblies elections slated for next year.

However, in their unanimous judgement, the apex court dismissed the appeal for lacking in merit.
The five-man panel, led by Justice Amina Augie, agreed with the decision of the Court of Appeal that courts lacked the powers to interfere in the internal matters of political parties.

The apex court further held that the appellants lacked the legal rights to approach the court over the delegates’ list since they were not aspirants in the forthcoming election.
According to the judgement, only aspirants to an elective office can approach the court to seek redress over any alleged abnormalities or illegality concerning the conduct of a primary election as in the instant case.

“I hold that the Court of Appeal correctly held that the matter is an intra-party affair. It is not justiciable and not within the jurisdiction of the Federal High Court.
“On the whole, the appeal fails and it is accordingly dismissed,” Justice Emmanuel Agim, who read the judgement held.