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By Akinwande Soji-Ojo
The case instituted by 2,517 aggrieved members of All Progressives Congress (APC) loyal to Minister of Interior, Ogbeni Rauf Aregbesola, to invalidate the ward congress held on July 31, 2021, in Osun State suffered a setback on Wednesday, as a Federal High Court sitting in Osogbo denied jurisdiction to entertain the case.
The presiding Judge, Justice Emmanuel Ayoola in a ruling, said, the court can’t interfere with the internal issue of party unless it falls under Section 87(9) of the Electoral Act.
He affirmed that the suit brought before the court was strictly a party affair, which the court lacks jurisdiction to entertain.
“The claims of the plaintiffs is to draw the court to the internal affairs of the party which is not enshrined in the constitution.
“Supreme Court has said court can’t interfere with the internal issue of party unless it falls under Section 87(9) of the Electoral Act.
“The plaintiffs are not qualified to be called an aspirant in the said congress. An aspirant is someone who participated in the election. PDP v Timipre Silva. APC v Marafa. Plaintiffs has no status under or right under S. 87(9).
“The fact remains that this matter does relate to the nomination of any candidate, accordingly, the dispute does not fall under Section 87(8) of Electoral Act and Section 251 of the CFRN. The case isn’t covered by the law and can’t be adjudicated by the court,” Justice Ayoola held.