Godwin Tsa, Abuja

The suit challenging the emergency of Gboyega Isiaka Oyetola as the governorship candidate of the All Progressives Congress (APC), in Osun State, has suffered a major setback  as the case file was, on Thursday, returned to the Chief Judge of the Federal High Court for re-assignment to a regular court.

‎The tenure of Justice Nnamdi Dimgba who was sitting as a vacation Judge expired same day.

The Federal High Court will resume from its annual vacation on Monday, September 17, 2018.

A governorship aspirant on the platform of the APC, Kunle Adegoke had, in an Originating Summons marked FHC/ABJ/CS/804/2018,  approached the court to nullify the primaries of the party that produced the former Chief of Staff to Governor Rauf Aregbesola and declare it unlawful.

The Originating Summons brought pursuant to section 87(9) of the Electoral Act, 2010 as amended, Order 3 Rule 1 of the Federal High Court (Civil Procedure), Rules 2009.

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The suit filed  his counsel,  Ayotunde Ogunleye,  is asking the court to determine whether, having regard to the relevant provisions 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 Defendant and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral  Commission, the Osun State governorship primary election of the 1st Defendant purportedly held on the 20th day of July, 2018 in Osun State is unconstitutional, unlawful, null and void.

When the matter came up, on Thursday, Counsel to Adegoke, Abdulhakeem Mustapha (SAN), informed the court that the matter was slated for mention.

He informed the court that all the process have been served on the respondents since August 8, 2018 and wondered why the parties nor their counsel were not in court.

However, Justice Dimgba held that the respondents were still within time having observed that the applicants were granted leave the hear the case during vacation on September 4, 2018.

Accordingly, the judge said the respondents should be given another opportunity to appear before the court.

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He further added that the case file will be returned to the Chief Judge of the Court for re-aasignment to a regular court and adjourned the case till October 9, 2018.

In the suit, the Plaintiff‎ also wanted the court to decide whether the Osun State governorship primary election held on the  July 20, 2018 in Osun State, ought to be nullified having been conducted 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 All Progressives Congress, 2014 (as amended) and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission (INEC) same being unconstitutional, unlawful, null and void.

In addition,  the Plaintiff asked the court to decide whether the  Court ought to restrain the 2nd Defendant from giving any recognition to the outcome of the said Osun State Governorship primary election of the 1st Defendant held on the 20th day of July, 2018 in Osun State same having been conducted in 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 All Progressives Congress, 2014 (as amended) and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission.

The Plaintiff is, however, praying the court for a declaration that the Osun State governorship primary election of the 1st Defendant purportedly held on the 20th day of July, 2018 in Osun State 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’s conduct of Political Party Primaries of the Independent National Electoral Commission, is unconstitutional, unlawful, null and void.

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He also prayed the court to declare  that, by the provisions of the Constitution of the All Progressives Congress 2014 (as amended), Article 20(v) thereof, it is ultra vires the 1st Defendant to organise, hold and conduct the governorship primary election held on the 20th day of July, 2018 in Osun State without Rules and Regulations made by its National Working Committee and duly approved by its National Executive Committee for the purpose of nomination of candidates through primary elections.

In addition, the Plaintiff is praying the court for a declaration that, by Article 25B(ii) of the Constitution of the All Progressives Congress, 2014 (as amended), it is unconstitutional for the 1st Defendant to organise and conduct the governorship primary election held in Osun State on the 20th day of July, 2018 without a meeting of the National Executive Committee approving Rules and Regulations made by the National Working Committee for the purpose of nomination of candidates through primary elections.

Also, the Plaintiff is praying the court for a declaration that it is ultra vires the 1ist Defendant to hold and organise the Osun State governorship primary election held in Osun State on the 20th day of July, 2018, 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 equally wanted the court to make an order nullifying the Osun State governorship primary election of the 1st Defendant held on the 20th day of July, 2018, in Osun State, same having been conducted 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 All Progressives Congress 2014 (as amended) and the regulation for the conduct of political party primaries of the INEC.

The Plaintiff also wanted an order of court restraining the 2nd Defendant from according any recognition to the outcome of the said Osun State governorship primary election of the 1st Defendant held on the 20th day of July, 2018 in Osun State same having been conducted in 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 All Progressives Congress, 2014 (as amended) and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission.

He is also praying for an order of Court restraining the Defendants from relying on or using the purported results of the purported Osun State governorship primary election of the 1st Defendant held on the 20th day of July, 2018 in Osun State for the purpose of nominating the 1st Defendant’s governorship candidate in the forthcoming Osun State Governorship election scheduled to hold on the 22nd day of September 2018 or any other date as may be appointed by the 2nd Defendant.