Segun Oni, a governorship aspirant of the All Progressives Congress (APC) in Ekiti state, has filed a suit at a federal high court in Abuja to challenge the emergence of Kayode Fayemi, former minister of mines and steel, as the party’s flagbearer for the July 14 governorship poll.

Fayemi whole polled a total of 941 votes at the primary which held on May 12, defeated Oni, his closest rival by a margin of over 460 votes.

But Oni has asked the court to determine if it was proper for his opponent in the primary to contest without resigning as a member of the federal cabinet.

In the court documents seen by TheCable, Oni asked the court to determine if Fayemi’s action did not violate the Nigerian constitution and the guidelines of the ruling party primary.

The suit was filed on his behalf by Gani Faniyi, his counsel.

“Whether by virtue of All Progressives Congress constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, the 1st Defendant being a serving member of the Federal Executive and Federal Minister of Solid Minerals, Mines and Steel Development having not resigned his appointment as a member of Federal Executive and Minister of Solid Mineral, Mines and Steel Development, at all or at least 30 days to the said primaries election of 12th May, 2018 was qualified to contest and participate in the said All Progressive Congress Governorship primaries of 12th May, 2018 as an aspirant in that election,” the document read.

“Whether by virtue of All Progressive Congress Constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, at Damilek Event Centre, Ado-Ekiti for the purpose of determining or nominating the 2nd Defendant candidate for the 12th July Ekiti State Governorship election, the 1st Defendant having being indicted by Rtd. Hon. Justice Oyewole Judicial Panel of Enquiry was qualified to contest and participate in the said All Progressives Congress Governorship primary of 12th May, 2018 as an aspirant in that election.”

Among the reliefs Oni are seeking are: “A declaration that the claimant (Oni) having scored 481 votes which is the majority of lawful and valid votes at the 2nd Defendant (APC) the 12th May, 2018 A.P.C Governorship primaries election for the purpose of determining the 2nd Defendant’s candidate for the 14th July 2018 election for the office of Governor Ekiti State is the person that was validly nominated by the 2nd Defendant for the 14th July, 2018 election for the office of Governor, Ekiti state.”

uba1991:
fayose av nothing to offer than lieing.this news is fake

OZAOEKPE:

TonyeBarcanista:
The case will be thrown out for lack of merit as both cases will be subject to the testimonies of the APC and the President/FG.

Wetin concern me sef for this matter?

ibrahimsalam:
testimonies of fg that he did not go against the party's constitution or what? shouldn't he have resigned before the primaries ? well only time will tell

TonyeBarcanista:
The suit will be thrown out.

The Constitution says a public/civil servants should resign at least 30 days to the day of election. Fayemi's resignation was before June 14 (election is July 14). It didn't say "30 Days before party primary election".

Secondly, the issue of "APC Guidelines" there is a Committee that was setup by the party to clear the aspirants and there is something called "waiver" in party politics. The Committee clearance report has taken care of that, however, the party could again come out and say Fayemi was granted waiver.

Why did Izunazo and others members of APC NWC recontest their positions without resigning as written in the constitution?

On the judicial panel indictment, unfortunately, the Supreme Court has held that only a court can convict not a panel.

Ooops, my position is actually to contribute my own little olodo knowledge to the forum and not to speak for party. Who dem EPP?

senatordave1:

Your objectivity is making my admiration for you to rise exponentially.i bow for you.although your pdp and am apc,your always honest when necessary.please continue doing so.

TonyeBarcanista:
The suit will be thrown out.

The Constitution says a public/civil servants should resign at least 30 days to the day of election. Fayemi's resignation was before June 14 (election is July 14). It didn't say "30 Days before party primary election".

Secondly, the issue of "APC Guidelines" there is a Committee that was setup by the party to clear the aspirants and there is something called "waiver" in party politics. The Committee clearance report has taken care of that, however, the party could again come out and say Fayemi was granted waiver.

Why did Izunazo and others members of APC NWC recontest their positions without resigning as written in the constitution?

On the judicial panel indictment, unfortunately, the Supreme Court has held that only a court can convict not a panel.

Ooops, my position is actually to contribute my own little olodo knowledge to the forum and not to speak for party. Who dem EPP?

TonyeBarcanista:
The suit will be thrown out.

The Constitution says a public/civil servants should resign at least 30 days to the day of election. Fayemi's resignation was before June 14 (election is July 14). It didn't say "30 Days before party primary election".

Secondly, the issue of "APC Guidelines" there is a Committee that was setup by the party to clear the aspirants and there is something called "waiver" in party politics. The Committee clearance report has taken care of that, however, the party could again come out and say Fayemi was granted waiver.

Why did Izunazo and others members of APC NWC recontest their positions without resigning as written in the constitution?

On the judicial panel indictment, unfortunately, the Supreme Court has held that only a court can convict not a panel.

Ooops, my position is actually to contribute my own little olodo knowledge to the forum and not to speak for party. Who dem EPP?

TonyeBarcanista:
The suit will be thrown out.

The Constitution says a public/civil servants should resign at least 30 days to the day of election. Fayemi's resignation was before June 14 (election is July 14). It didn't say "30 Days before party primary election".

Secondly, the issue of "APC Guidelines" there is a Committee that was setup by the party to clear the aspirants and there is something called "waiver" in party politics. The Committee clearance report has taken care of that, however, the party could again come out and say Fayemi was granted waiver.

Why did Izunazo and others members of APC NWC recontest their positions without resigning as written in the constitution?

On the judicial panel indictment, unfortunately, the Supreme Court has held that only a court can convict not a panel.

Ooops, my position is actually to contribute my own little olodo knowledge to the forum and not to speak for party. Who dem EPP?

kahal29:
Boss you even forgot to add that according to Supreme Court decision in Okezie Ikpeazu vs Uche Oga 2017 in their tax case issue, the Supreme Court ruled that when the provision of any law (e.g Party constitution, Electoral Act or guideline e.t.c) is at variance with what the constitution says then the constitution supersede's.

In the Okezie tax issue the PDP constitution says you must show evidence of tax payment for 3yrs but the constitution didn't list that as a requirement for contesting election in Nigeria so the Supreme Court went with the constitution.

In Fayemi's case the constitution clearly states that it must be 30 days to the main election {Not Primary Election} and so shall it be because the constitution is the standard norm.

Furthermore in the Supreme Court judgement between PDP (Wike) vs APC (Peterside) the same rule was also applied and that is why Wike is still governor today. In the case, it was argued that INEC guideline says [b]No card reader No Election[/b or manual accreditation but the Supreme Court ruled that the a "mere letter " in form of guidelines for election cannot supersede the constitution. According to the justices what the constitution recognises is manual accreditation/voting and not the card reader.

This case is dead on arrival. I pity the charge and bail lawyer that filled. He needs a refreshal course in election petition matters from the likes of Wole Olanikpekun, Lateef Fagbemi, Niyi Akintola and co.

seguno2:


Are you sure that our constitution used the term MAIN to qualify the election mentioned in it or it is open to interpretation ??

TonyeBarcanista:
The suit will be thrown out.

The Constitution says a public/civil servants should resign at least 30 days to the day of election. Fayemi's resignation was before June 14 (election is July 14). It didn't say "30 Days before party primary election".

Secondly, the issue of "APC Guidelines" there is a Committee that was setup by the party to clear the aspirants and there is something called "waiver" in party politics. The Committee clearance report has taken care of that, however, the party could again come out and say Fayemi was granted waiver.

Why did Izunazo and others members of APC NWC recontest their positions without resigning as written in the constitution?

On the judicial panel indictment, unfortunately, the Supreme Court has held that only a court can convict not a panel.

Ooops, my position is actually to contribute my own little olodo knowledge to the forum and not to speak for party. Who dem EPP?