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Akinwande Soji-Ojo
A Federal High Court sitting in Abuja, has ordered Ondo State Governor, Lucky Aiyedatiwa, All Progressives Congress (APC), and Independent National Electoral Commission (INEC) to file their defence in a suit seeking to nullify Aiyedatiwa’s candidacy in the forthcoming gubernatorial election slated for November.
The lawmaker representing Ondo South Senatorial District in the National Assembly, Senator Jimoh Ibrahim, had approached the court to nullify Aiyedatiwa’s victory in the April 20 governorship primary election.
He asked the court to declare that Aiyedatiwa was not the validly nominated candidate of the APC because the party did not comply with the provisions of the Electoral Act, 2022.
Ibrahim, who participated and was a governorship aspirant in the primary election, prayed the court to delist APC and Aiyedatiwa from the political parties and candidates that would participate in the gubernatorial election.
He insisted that the party did not comply with its regulations and guidelines in the conduct of the poll.
The plaintiff’s counsel, Chris Uche (SAN), told the court on Tuesday that he received a memorandum of conditional appearance from APC and INEC’s lawyer but was yet to receive any application from Aiyedatiwa.
He further told the court that the defendants were yet to file their defence.
APC’s lead counsel, Tayo Oyetibo (SAN), told the court that they had written a letter to the Chief Judge of the Federal High Court, requesting for transfer of the case from Abuja to Ondo State.
Oyetibo said he couldn’t understand why the suit was filed in Abuja instead of Ondo State.
The lawyer added that his client had forwarded the said letter to the Chief Judge, Justice Terhemba Tsoho, but was yet to get a response.
Responding, the presiding judge, Justice Inyang Ekwo, noted that he has no letter of such before him and cannot act on what is not before the court.
Justice Ekwo held that the defendants in the suit must file their respective defence within the days allowed by law since the suit is time-bound.
He stated that “with or without the letter before him, the defendants must respond to the issues raised by the plaintiff.”
Aiyedatiwa’s lawyer, Bode Olanipekun (SAN), said though they were served on May 9, they were still within time to respond.
INEC’s lawyer, Charles Edosanwan, who said he was still within time to file his response, acknowledged that he is aware of APC’s letter requesting the transfer of the matter.
APC had in a letter dated May 12, and signed by Matthew Bukkar (SAN), but received in the office of the Federal High Court Chief Judge, on May 13, 2024, claimed that the primary election being challenged was conducted in Akure, the Ondo State capital.
The party explained that the court and INEC have a functional office in Akure, adding that its State Working Committee (SWC) is also on ground.
It added that Aiyedatiwa whose candidacy was being challenged is a resident of Akure.
The party, therefore, said that the Akure division of the Federal High Court is the appropriate and convenient place for the case to be heard.
After listening to the parties, Justice Ekwo adjourned the suit till May 29 for mention.
APC, Aiyedatiwa and INEC are the first, second and third defendants in the suit.
