Why Nullification Of Victory At APC Primary Election By Abuja Court Will Not Stand – Gov. 0yetola

By Ayodele Oni

Osun state government has reacted to an Abuja Court judgement, which nullified the primary election, which produced Governor Gboyega Oyetola as a candidate in last July Election.

Chief Press Secretary to the Governor, Ismael Omipidan said the judgement will not stand a test of time.

Governor Oyetola lost the election to Ademola Adeleke, candidate of People’s Democratic Party, (PDP) and currently challenging the outcome at the tribunal.

A News Agency of Nigeria, (NAN) stated that Federal High Court in Abuja, on Friday, nullified the nomination of Governor Gboyega Oyetola of Osun as the All Progressives Congress (APC)’s candidate in the 16 July governorship election.

Justice Emeka Nwite, in a judgment, nullified the candidacy of Oyetola and his deputy, Benedict Alabi, on the grounds that Governor Mai Mala Buni of Yobe, who submitted their names to the Independent National Electoral Commission (INEC) violated the provisions of Section 183 of the Constitution of the Federal Republic of Nigeria and Section 82(3) of the Electoral Act, 2022.

The Peoples Democratic Party (PDP) had filed the suit against Governor Buni, Governor Oyetola, and others.

The PDP, through its counsel, Kehinde Ogunwumiju, SAN, had, on 7 April, commenced the suit, challenging the nomination and sponsorship of Mr Oyetola and his deputy as the duly nominated candidates of the APC for the recently concluded governorship poll.

Challenging the competence of the suit, Kunle Adegoke, SAN, who represented Oyetola, had contended, amongst other grounds, that the PDP did not have the locus to commence the action and that the suit was statute barred.

But Ogunwumiju argued that the plaintiff, PDP rightly commenced the suit under Section 285(14) (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

Delivering the judgment, Mr Nwite agreed with the submissions of the PDP counsel and declared as null and void, the nomination of Messrs Oyetola and Alabi by the APC.

The court also held that Mr Buni acted in contravention of the provision of Section 183 of the Constitution when he held dual executive positions as the Governor of Yobe and the Chairman of the National Caretaker Committee of APC.

The court said the decisions taken by Governor Buni, including forwarding the names of Messrs Oyetola and Alabi to INEC, amounted to a nullity in law.

In a statement on Saturday, Ismail Omipidan, appealed to supporters of the governor to remain calm in the face of the decision of a Federal High Court to nullify his candidature in the July 16 Governorship poll.

He noted that their team of lawyers would be challenging the decision at the Appeal Court, just as he expressed confidence that the decision would be set aside.

Omipidan further noted that the case was instituted by the opposition Peoples Democratic Party, (PDP), in spite of the fact there is a plethora of decisions flowing from the apex court that frowns upon such a decision.

He said that, for the records, the position of the law is that only members of the APC who participated in the primary election can approach the court to challenge the nomination of Oyetola as the candidate of the party.

“All these are part of the antics of the opposition PDP and some of their collaborators from within to distract us. But like every of their plans, this too has fallen flat on their faces.

“They want to distract us from the Tribunal case. But we shall remain focused until we take back our mandate.

“We have confidence in the Tribunal to do justice in the case before it, just as we have implicit confidence in the Appeal Court to set aside this latest decision of the Federal High Court.”