Osun: Adogoke Asks Court to Nullify APC Primary

An All Progressives Congress (APC) governorship aspirant in Osun State, Adekunle Adegoke, on Monday asked a Federal High Court in Abuja to nullify the party's governorship primary election held on the July 20, 2018, in the state.

In an originating summons taken out by his lawyer, Ayotunde Ogunleye of A. U. Mustapha SAN and CO, Adekoge, who is also a lawyer, said the primary was conducted in flagrant violation of the 1999 Constitution, the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of All Progressives Congress (APC), 2014 (as amended) and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission.

 He joined APC and INEC as first and second defendants respectively.

Adegoke is also seeking an order restraining INEC from according any recognition to the outcome of the said governorship primary election of having been conducted in violation of the 1999 Constitution, the Electoral Act, 2010 (as amended), the relevant provisions of the constitution of APC, 2014 (as amended) and the Regulation for the Conduct of Political Party Primaries of INEC.

The plaintiff also sought a declaration that the Osun State governorship primary election of the APC was held in flagrant violation of the constitution, the Electoral Act, 2010 (as amended) and the relevant provisions of the constitution of the party and the regulation for the conduct of political party primaries of INEC.

He consequently asked the court to declare the primary unconstitutional, unlawful and null and void.

Other reliefs sought by him are: ‘A declaration that by the provisions of the APC constitution Article 20(v) thereof, it is ultra vires for the party  to organise, hold and conduct the governorship primary election held on July 20, 2018, in Osun State without rules and regulations made by its National Working Committee (NWC) and duly approved by its National Executive Committee (NEC) for the purpose of nomination of candidates through primary elections.

‘A declaration that by Article 25B(ii) of the party's constitution, it is unconstitutional for the party to organise and conduct the governorship primary election held in the state on July 20, 2018, without a meeting of the NEC approving rules and regulations which ought to be made but was never made by the NWC for the purpose of nomination of candidates through direct primary elections.

‘A declaration that it was ultra  for the party to hold and organise the Osun State governorship primary election without having given a prior 21-day notice of its primaries to INEC indicating that a direct method of primary election would be used.

‘An order restraining APC and INEC from relying on or using the purported results of the purported Osun State governorship primary election of the 1st defendant held on July 20, 2018, in Osun State for the purpose of nominating the party's governorship candidate in the forthcoming state governorship election scheduled to hold on September 22, 2018, or any other date as may be appointed by INEC.

He also asked the court to determine the following questions: ‘Whether, having regard to the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the constitution of the 1st Defendant and the Regulation for the Conduct of Political Party Primaries of INEC, the Osun State governorship primary election of the 1st defendant purportedly held on July 20, 2018, in the state is not unconstitutional, unlawful and null and void.

‘Whether this court ought to nullify the Osun State governorship primary election of the 1st defendant purportedly held on July 20, 2018, in Osun State in flagrant violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered); the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of the APC 2014 (as amended) and the Regulation for the Conduct of Political Party Primaries of the INEC same being unconstitutional, unlawful, null and void.

‘Whether this court ought to restrain the 2nd defendant from giving any recognition to the outcome of the said state governorship primary election of the 1st Defendant held on July 20, 2018, in the state same having been conducted in violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered); the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of APC 2014 (as amended) and the regulation for the conduct of Political Party Primaries of the INEC.

‘Whether this court ought to restrain the defendants from relying on or using the purported results of the purported Osun State governorship primary election of the 1st defendant held on July20, 2018, in the state for the purpose of nominating the 1st defendant’s governorship candidate in the forthcoming state governorship election scheduled to hold on September 22, 2018, or any other date as may be announced by the 2nd defendant.