The governorship candidate of the New Nigeria People’s Party (NNPP), Olugbenga Edema, has asked the court to compel the Independent National Electoral Commission (INEC) to withdraw the nomination of Governor Lucky Aiyedatiwa of the All Progressives Congress (APC) and his deputy as candidates.
Edema, who approached the Federal High Court, wants the court to interpret the application of Section 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended) over the nomination of the APC candidates.
In the originating summons with suit, no FHC/AK/CS/103/2024 filed through his counsel, Abayomi Ojo, the NNPP candidate emphasised that Aiyedatiwa was not validly nominated.
With INEC identified as 1st Respondent, APC as 2nd Repondent with Aiyedatiwa and his deputy as 3rd and 4th Respondents respectively, Edema described the primary of the APC held on April 20, 2024, as invalid and unconstitutional contrary to the Electoral Act, 2022.
Edema, who defected to NNPP shortly after the purported primary of APC, prayed that the nomination and publication of the 3rd and 4th Defendants should be quashed by the 1st Defendant as the gubernatorial candidates of APC ahead of the November 16 gubernatorial election
The originating summons read “Whether by the provision of section 84(13) of the Electoral Act, 2022, the 1st Defendant is not obligated to exclude/delist the names of the 3rd and 4th Defendants, being the candidates of the 2nd Defendant, from the list of approved candidates for the forthcoming Ondo State gubernatorial election slated for the 16th November, 2024 having been nominated from an invalid Party Primary election conducted on the 20th of April 2024, by the 2nd defendant, contrary to the provisions of the Electoral Act, 2022, as particularly enunciated in Exhibits NNPP02-19, which are copies of the CTC of the 1st Defendant reports of the conduct of the supposedly conducted party primary by the 2nd Defendant from various Wards and Local Government Areas of Ondo State.
“A Declaration that by the combined provisions of Section 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended); and Sections 82(1)(5); 84 (1)(2)(4a,b)(13) of the Electoral Act, 2022, the publication and continuous publication of the 3rd and 4th Defendants’ names by the 1st Defendant as the Governorship and deputy Governorship candidates of the 2nd Defendant for the forthcoming Ondo State gubernatorial election coming up on the 16th of November, 2024 is unconstitutional, arbitrary, invalid and illegal and therefore null and void.
“A Declaration that the purported nomination and publication of the names of the 3rd & 4th Defendants by the 1st Defendant as the gubernatorial candidates of the 2nd Defendant in the forthcoming Ondo State gubernatorial election coming up on the 16th of November, 2024, is unconstitutional, arbitrary, invalid, illegal being contrary to section 15 of the third schedule to the constitution of the Federal Republic of Nigeria, 1999 (as amended); and Sections 82 (1)(5); 84 (1)(2)(4a,b)(13) of the Electoral Act, 2022 and therefore null and void, and of no effect whatsoever.
“An Order quashing the purported nomination and publication of the 3rd & 4th Defendants by the 1st Defendant as the gubernatorial candidates of the 2nd Defendant in the forthcoming gubernatorial election coming up on the 16th November, 2024 being contrary to section 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended); and Sections 82 (1)(5); 84 (1)(2)(4a,b)(13) of the Electoral Act, 2022.”