The suit filed by All Progressives (APC) member challenging the clinching of the party’s gubernatorial ticket by Governor Rotimi Akeredolu has commenced at the Federal High Court in Abuja.
The suit was filed on August 3, 2020, by Dr. Nath Adojutelegan, who along with others, lost the APC primary election to Akeredolu.
Adojutelegan is challenging the validity of the primary election that produced Akeredolu as the APC candidate.
According to him, the exercise was marred by substantial noncompliance with the spirit and purpose of the APC Constitution, Electoral Guidelines and the Electoral Act, 2010 (as amended), which he argued: “substantially affected the outcome of the primary election.”
Specifically, the plaintiff alleged that the delegates’ list used for the primary violated section 87(7) and (8) of the Electoral Act 2010 (as amended), Article 20 (iii) and (iv) (a), (b), (c) and (d) of the APC Constitution 2014 (as amended) and Electoral Guidelines.
He submitted that the list used was unlawful and invalid on the grounds that it was filled with the names of principal officers of the wards, local governments, and state executive committees of the party in the state, none of whom was democratically elected to be delegates at the primary as prescribed by the laws and regulations cited.
He urged the court to make an order nullifying the nomination of Akeredolu as the party’s candidate in the October 10, 2020 governorship election in the state.
He also urged the court not to allow Akeredolu to gain from his alleged wrongdoings regarding the governorship primary election, in addition to nullifying the exercise.
The plaintiff equally sought an order for a fresh primary from which the governor should not be allowed to participate in.
The APC, Akeredolu and INEC were joined as the 1st to the 3rd defendants respectively in the suit.
Justice Okon Abang fixed Friday 18th November, 2020, for the concluding phase of the hearing.
The learned judge said the court will fix a date for judgment at the end of Friday’s hearin
The judge had planned to conclude the hearing on Tuesday but had to adjourn due to the non-service of a counter-affidavit filed by the Independent National Electoral Commission on other parties to the suit.
He therefore directed INEC’s lawyer, Abdulaziz Sani, to ensure the service of the counter-affidavit on other parties within 48 hours, adding that lawyers representing the other parties could reply to the counter-affidavit if they desired.