Court to hear suit against Oyetola on October 24

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.