The Independent National Electoral Commission (INEC), on Wednesday urged the Federal High Court to dismiss the suit filed by the splinter group of the All Progressives Congress (APC) in Osun state to challenge the validity of the ward congress of the party.
The aggrieved APC members had approached the court, asking it to nullify the congress on the ground that it was not conducted in line with the guideline of the party.
In a preliminary objection filed by INEC before the court, Muyideen Adeoye, submitted that the court lacked the jurisdiction to entertain the matter, citing sections 251 of the 1999 constitution as amended and 87(9)of the Electoral Act 2010 as amended.
Counsel to the INEC said, “the court would not be able to do what the law has outrightly forbidden it from doing, hence his Lordship should reject the claims of the applicants.
“Where the court lacks power to pronounce on the principal relief, it can not proceed to the auxiliary relief.”
Counsel to the aggrieved APC members, Mr Adesina Mohammud SAN, also argued in the counter affidavit filed against the preliminary objection that the court has discretion to discountenance the submission of INEC and proceed to the substantive matter.
Justice Emmanuel Ayoola thereby adjourned the matter to the 2nd of February for ruling on the preliminary objections.