BREAKING: Court sacks Oyetola, deputy as APC Governorship Candidate
Vondigest reports that a Federal High Court in Abuja on Friday has nullified the nomination of Governor Gboyega Oyetola and his Deputy, Benedict Alabi as candidates of the ruling All Progressives Congress, APC, in the just concluded Gubernatorial elections in Osun.
This is on the grounds that Governor Mai Buni, who submitted their names to the Independent National Electoral Commission, violated the provisions of Section 183 of the constitution of the Federal Republic of Nigeria and Section 82(3) of the Electoral Act 2022.
Oyetola and Alabi contested the July 16 governorship election on the platform of the All Progressives Congress.
This online platform recalls that PDP candidate, Ademola Adeleke was declared the winner of that Osun election.
Presiding Justice, Emeka Nwite, held that the nomination of Oyetola and his deputy was unlawful. The suit marked; FHC/ABJ/CS/468/2022, was filed by the Peoples Democratic Party, PDP and has Ex-Chairman of APC and Yobe Governor, Mai Mala Buni as one of the defendants.
Justice Nwite held that Oyetola and Alabi’s nomination was unconstitutional because Buni, who submitted their names to the Independent National Electoral Commission, INEC, violated the provisions of Section 183 of the Constitution and Section 82(3) of the Electoral Act 2022.
The court also held that Governor Mai Mala Buni acted in contravention of the provision of Section 183 of the Constitution when he held dual executive positions as the Governor of Yobe State and the Chairman of the National Caretaker Committee of APC.
Oyetola’s counsel however argued that the court should dismiss the case because the plaintiff did not have locus standi to commence the legal action against the defendants
Counsel for Oyetola, Kunle Adegoke, SAN, who confirmed the judgement to Punch correspondent, said that they would appeal the verdict.
“Definitely, we’re going on appeal straight away, no alternative to appeal,” he said.
On April 7, 2022, a legal practitioner, Kehinde Ogunwumiju, SAN, had commenced a suit between the Peoples Democratic Party vs Mai Buni & 4 Ors at the court challenging the nomination and sponsorship of Oyetola and his deputy as the duly nominated candidates of the All Progressives Congress.
In challenging the competence of the suit, Adegoke contended, amongst other grounds, that the plaintiff did not have the locus to commence the action and that the suit was statute-barred.
In his opposing arguments, Ogunwumiju, who led Muyiwa Atoyebi, SAN, and Ademola Abimbola submitted that the plaintiff rightly commenced the suit under Section 285(14) (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
Delivering his judgment on Friday evening, Justice Emeka Nwite agreed with the submissions of the plaintiff’s counsel and declared as null and void the nomination of Governor Isiaka Oyetola and Benedict Alabi by the APC.
The court also held that Governor Mai Buni acted in contravention of the provision of Section 183 of the Constitution when he held dual executive positions as the Governor of Yobe State and the Chairman of the National Caretaker Committee of the APC.
The court held that the steps or decisions taken by Governor Mai Mala Buni, including forwarding the names of Governor Isiaka Oyetola and Benedict Alabi to INEC, amounted to a nullity in law.
