A Federal High Court sitting in Abuja has struck out a suit seeking the nullification of the nomination of Osun State governor-elect Sen Ademola Adeleke, as the Peoples Democratic Party (PDP) governorship candidate for the July 16 election.
The plaintiff, Awoyemi Oluwatayo Lukman, had dragged the Independent National Electoral Commission (INEC), PDP and Adeleke before the court seeking to void and set aside the submission of Adeleke’s name to the electoral upmpire for unlawful action.
The plaintiff claimed that Adeleke’s name was hurriedly submitted by PDP on March 11, 2022, against the INEC guidelines which stipulated that candidate’s name should be submitted between March 14 and 18.
Adeleke’s name, having not been submitted within the period fixed by INEC, the plaintiff asked the court to declare the submission, illegal, unlawful, null and void, urging the court to set aside the governor-elect’s nomination.
He claimed that INEC must be bound by its official guideline, adding that anything done outside the guidelines is against the provisions of the Electoral Act 2022.
Delivering judgement on Thursday, Justice Obiora Egwuatu, struck out the suit on the ground that Awoyemi lacked the locus standi to have instituted the case.
The judge also held that the suit was statute-barred having been filed outside the 14 days stipulated by Section 285 of the 1999 Constitution that all pre-election suits must be filed within 14 days, noting that the suit was filed 28 days after Adeleke’s nomination.