A Federal High Court in Abuja on Wednesday dismissed a legal action challenging the validity of the primary election that produced Mr Rotimi Akeredolu as the governorship candidate of the All Progressives Congress, APC, in Ondo State in the last gubernatorial election
Justice Iyang Ekwo in a judgment held that the suit instituted by one Mrs. Olajumoke Anifowose was statued barred having been filed outside 14 days allowed by law for a pre-election matter.
Recall that Mrs Anifowose in the suit filled on her behalf by her counsel Mr Adesina Oke had challenged the indirect primary election that produced Akeredolu as the nominated governorship candidate of APC.
She contended that section 87 of the Electoral Act and Article 20 of the APC constitution and other relevant election guidelines were violated in the primary election by the state executive committee and local government committees of APC that conducted the primary election.
The Plaintiff, therefore, applied for an order of the court declaring the primary election as invalid and to bar the Independent National Electoral Commission INEC from recognising Akeredolu as a governorship candidate.
She also prayed the court to prohibit APC from summiting Akeredolu’s name as its governorship candidate and Akeredolu from parading himself as a gubernatorial candidate.
However, Justice Ekwo upheld the preliminary objection against the suit by Akeredolu and APC who claimed that the court action is grossly incompetent since it was not filed within 14 days required by law and by that, that the court lacked jurisdiction to entertain the suit.
The Justice noted that Akeredolu was nominated by APC on July 20th, and the plaintiff instituted the suit on July 29, which fell within 14 days stipulated by law, the suit however became incompetent due to the withdrawal of the initial originating summon and its substitution on August 20 by the plaintiff.
The court also held that the substitution of the second originating summon was done outside 14 days required by law, and therefore became an invalid suit by the provision of section 285 of the 1999 Constitution.
“Let me make it clear that a careful perusal of facts in this matter showed that the first defendant, Akeredolu was nominated on July, 20th, 2020, and the plaintiff came to court on July 29, 2020.”
“A new dimension however emerged when the plaintiff on August 20, 2020, substituted the originating summon of the July 29, with another one due to the error discovered in the first one that sued the office of the governor that did not participle in the disputed primary.
“This substitution having not been done within 14 days allowed by section 285 of the 1999 constitution makes this suit statued barred and constitutionally dead,” the Justice said.
Justice Ekwo subsequently dismissed the suit on the ground that it was grossly incompetent to stand in the face of the law.