A Federal High Court in Abuja on Friday, cleared the way for a suit challenging the emergence of Ondo State Governor-elect, Olurotimi Akeredolu, as the All Progressives Congress’ candidate for the just-concluded governorship election in Ondo State.
Justice Nnamdi Dimgba, in a ruling, dismissed the notice of preliminary objection challenging the competence of the suit which was filed by Akeredolu’s co-aspirant in the APC’s primary, Olusegun Abraham.
The judge dismissed Akeredolu’s objection anchored on the ground that he was not properly served with the court processes.
The judge said the argument was without merit.
Akeredolu, had in a notice of objection, challenged the competence of court’s order granting leave to the plaintiff, OAbraham, for the service of court processes on him (Akeredolu) through the national headquarters of the APC in Abuja.
Justice Dimgba, after dismissing Akeredolu’s objection on Friday, adjourned till February 2, 2017 for the hearing of the substantive suit.
The suit marked FHC/ABJ/CS/788/2016 was filed by Abraham through his lawyer, Prof. Yemi Akinseye-George (SAN).
The plaintiff’s suit is, among others, challenging the competence of the last APC’s governorship primary election in Ondo State held on September 3 this year.
The plaintiff, who raised eight questions for determination, is praying the court to among others, declare that the primary was held in violation of provisions of the APC’s Electoral Guidelines for Governorship primary election 2014.
He said the primary also flouted the party’s constitution and was therefore invalid and incapable of validly producing Akeredolu as a candidate.
He also seeks an order setting aside the primary for alleged non-compliance with the provisions of the party’s primary election guidelines and constitution.
Abraham, who emerged second in the primary, equally asked the court to set aside the purported submission of Akeredolu’s name to INEC by Odigie-Oyegun and the electoral body’s acceptance of the name as the APC’s candidate for the forthcoming governorship election.
He also sought an order compelling INEC to extend time within which the APC could conduct a fresh primary based “on the congress and congress appeal committee’s delegates’ list 2014 and in compliance with the provisions of the Electoral Act, the constitution of the APC, the party’s electoral guidelines 2014 and the Constitution of Nigeria.
Part of his prayers read, “An order setting aside the Ondo State Governorship primary of the 1st respondent (APC) held on September 3, 2016 for non-compliance with provisions of the APC Elections Guidelines 2014 as amended for Primaru elections, and Electoral Act 2010 as amended and APC Constitution as amended.
“An order setting aside the submission by the 3rd defendant (Odigie-Oyegun) as the governorship candidate of the All Progressives Congress of Ondo State.
“An order compelling the 4th defendant to extend time within which the 1st defendant shall conduct fresh governorship primary election of the 1st defendant based on the Congress and Congress Appeal Committee’s Delegates’ List, 2014 and in compliance with the provisions of the Electoral Act 2010, as amended, the Constitution of the All Progressives Congress, 2014, as amended, APC Electoral Guidelines, 2014 and the Constitution of the Federal Republic of Nigeria, 1999 as amended.”