By Ayodele Oni
Again, Governor elect of Osun state, Mr Ademola Adeleke has escaped another legal trap to nullify his election and stop his inauguration in November.
A Federal High Court sitting in Abuja, on Thursday struck out a suit which seeks to nullify submission of his name by the Independent National Electoral Commission, (INEC) as candidate of People’s Democratic Party, (PDP) in July election.
Justice Obiora Egwuatu struck out the suit on the ground that the plaintiff lacked locus standi to institute the case.
Plaintiff in the suit, Awoyemi Oluwatayo Lukman had dragged INEC, PDP and Adeleke before the court, seeking order to void and set aside the submission of Adeleke’s name to INEC on ground of alleged unlawful action.
The grouse of the plaintiff was that Adeleke’s name was hurriedly submitted by PDP on March 11 as against between March 14 to 18 as contained in the INEC guidelines.
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 and be set aside.
He claimed that INEC must be bound by its official guidelines and that anything done outside the guidelines is against the provisions of the Electoral Act 2022.
However, in his judgment, Justice Obiora Egwuatu struck out the suit on the ground that the said Awoyemi Oluwatayo Lukman lacked locus standi to have instituted the case.
The Judge held also 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 whereas, the instant suit was filed after 28 days.
