By Adeleye Kunle
All Progressives Congress (APC) candidate and Osun State governor, Isiaka Adegboyega Oyetola, has been approved to participate in tomorrow’s state governorship election by a Federal High Court in Abuja, TrackNews reports.
The judge ruled that the former governorship candidate’s suit constituted a gross abuse of court process because the plaintiff did not exhaust internal dispute resolution mechanisms before going to court.
In a decision, Justice Ekwo upheld the arguments of Olusegun Jolaawo (SAN) that governor Oyetola’s membership in the APC’s National Caretaker Extraordinary and Convention Planning Committee (CECPC), on which the suit is based, is an ad hoc body and not the real APC National Executive Committee (NEC) recognized by the party’s Constitution.
Adeoti and the party had sought the disqualification of the incumbent governor, Oyetola, from the gubernatorial election on the grounds of failure to follow due process of law during the primary election for the nomination of the gubernatorial candidate.
Adeoti asked the court in the originating summons to nullify Oyetola’s candidacy on the grounds that the governor ran in the February 19 primary election as a member of the APC’s National Caretaker Extraordinary and Convention Planning Committee (CECPC).
According to the plaintiff, Oyetola’s actions violated Section 222 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 31(iii) of the APC, October 2014. (as amended).
However, the judge ruled that the CECPC was not the same as the office recognized by the APC Constitution, from which anyone could be disqualified.
In particular, Justice Ekwo stated that the CECPC was merely an ad hoc body formed in the absence of the legally mandated National Executive Committee.
Furthermore, the Judge agreed that the nomination of candidates for elective offices by political parties was an internal matter of the parties that no court could inquire into unless expressly stated by law.
Justice Ekwo questioned why Adeoti went to court after fully participating in the primary election, scoring some votes, and losing to Oyetola, adding that his actions amounted to both approbating and reprobating the provisions of the law.
According to the judge, the plaintiff failed to disclose any cause of action based on the evidence presented to the court and the questions raised for determination.
Following that, Justice Ekwo dismissed the case on six grounds.
