The Federal High Court in Abuja, on Thursday, dismissed a suit challenging the nomination of the Osun State governor-elect, Ademola Adeleke, as the candidate of the Peoples Democratic Party (PDP) in the recent governorship election poll in the state.

The judge, Obiora Egwuatu, in his judgement, struck out the case seeking Mr Adeleke’s disqualification as a candidate in the 16 July governorship poll for being “incompetent and lacking in merit.”

According to the judgement, the plaintiff, an aggrieved member of the PDP, Lukman Awoyemi, lacked the right to initiate legal action.

Mr Egwuatu held that the case having not been filed within the stipulated time allowed by law for a pre-election matter has become statute-barred and liable for dismissal.

In the suit marked FHC /ABJ/ CS/469/22, the plaintiff had asked the court to disqualify Mr Adeleke from participating in the 16 July governorship poll on the grounds that the submission of his nomination as the candidate of the PDP in the online portal of the Independent National Electoral Commission (INEC) did not fall within the stipulated time directed by the electoral umpire.

Defendants in the suit were INEC, PDP and Mr Adeleke.

Plaintiff’s argument
The plaintiff contended that the PDP sent Mr Adeleke’s nomination to the online portal of INEC on 11 March, days outside the 14 to 18 March period stipulated in the INEC guidelines for the conduct of the Osun State governorship election.

He argued that the action of the PDP violated INEC’s guidelines, and urged the court to set aside Mr Adeleke’s nomination as PDP’s governorship candidate.

Defendants’ submission
But delivering judgement in the case, the judge agreed with the submissions of the PDP and Mr Adeleke that the plaintiff (Mr Awoyemi) lacked the right to challenge the Osun State governor-elect’s nomination.

The defendants said Mr Awoyemi was not an aspirant in the governorship poll and not even a member of the PDP.

Mr Egwuatu also sided with the defendants that the plaintiff’s suit was statute-barred as it was filed 28 days after the cause of action arose.

The judge said the cause of action arose on 11 March when PDP submitted the nomination of Mr Adeleke to INEC’s online portal and not March 24, when INEC published the form EC9 of Adeleke.

While Section 285(9) of the Electoral Act provides that a plaintiff must lodge his case within 14 days of the cause of action, Mr Awoyemi filed his case on 7 April, clearly, 28 days from 11 March, which the court held was the date of the cause of action.

The judge accordingly struck out the suit for being incompetent.

This paper reported that INEC had on 17 July declared Mr Adeleke of the Peoples Democratic Party (PDP) as the winner of the governorship election held in Osun State.

According to INEC chief returning officer for Osun, Oluwatoyin Ogundipe, a professor and Vice Chancellor of the University of Lagos, the PDP candidate scored 403,371 votes to defeat the incumbent governor, Gboyega Oyetola of the All Progressives Congress (APC) who polled 375,027 votes.


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Are we still on this matter ?

Thank You Jesus Christ for the Victories in the court of justice today. Throughout this month of August and the rest 4 months to end this year 2022, it will be victorious on every side in Pdp and the people’s Governor, Senator Ademola Nurudeen Jackson Adeleke. Imole de Okunkun Parada ni gbogbo ipinle Osun.

PDP Congratulates Osun Governor-Elect On His Victory In Court

Osun State Chapter of the Peoples Democratic Party has congratulated the Governor-Elect, Senator Ademola Jackson Nurudeen Adeleke for the victory recorded today at the federal high court, Abuja, in a suit instituted against his nomination as PDP Candidate in the July 16 governorship election in Osun State.

A federal high court in Abuja had on Thursday struck out a suit filed by one Awoyemi Olutayo Lukman against the Governor-Elect on the grounds that the plaintiff lacked locus to institute the case.

Delivering judgement on the matter, Justice Obiora Egwuatu described the suit as improper, statute barred and therefore, the court lacked jurisdiction to hear the case.

In a congratulatory statement by the State PDP Caretaker Committee Chairman , Dr Akindele Adekunle on Thursday, the PDP welcomed the court pronouncement as further testament to the fact that the popular mandate of the people given to Senator Ademola Adeleke on July 16, cannot be stolen by any agent of darkness, masquerading around in whatever name and stature.

The PDP described as futile and empty, unscrupulous attempts by those he described as agents of destabilization in the state to steal mandate of the people through the backdoor, as such efforts are mere inordinate attempt to wrestle against God and army of the people of Osun State, in a battle already won fair and square.

Dr Akindele further expressed confidence that the victory recorded by Senator Ademola Adeleke at the poll is like a tree planted by God Almighty, which makes it absolutely impossible for anyone to uproot. He assured residents of the State that the Governor-Elect appreciates the unwavering support of the people being demonstrated on daily basis even after the governorship election.

The overwhelming support from all segments of the state, according Osun PDP helmsman, will continue to inspire the Governor-Elect as he looks forward to delivering on his electoral promises to the people.

Signed:
Dr Akindele Adekunle
Chairman,CTC
Peoples Democratic Party
Osun State Chapter.

18th August, 2022.

Imole de okuku parada

Baba AGBADO will not be happy