A Federal High Court in Abuja has overturned Governor Adegboyega Oyetola‘s nomination as the All Progressives Congress (APC) candidate in the July 16 gubernatorial election in Osun State.
The court, in a decision delivered today by Justice Emeka Nwite, disqualified Oyetola and the deputy governorship candidate, Benedict Alabi, on the grounds that Governor Mai Mala Buni, who submitted their names to INEC, violated Section 183 of the Federal Republic of Nigeria’s Constitution and Section 82(3) of the Electoral Act 2022.
Buni was Chairman of the APC’s National Caretaker and Extraordinary Convention Planning Committee, and Oyetola was a member. According to OsunDefender.
On April 7, 2022, a Senior Advocate of Nigeria, Kehinde Ogunwumiju, filed a complaint in the Federal High Court challenging the nomination and sponsorship of Governor Oyetola and his deputy as the APC’s properly nominated candidates.
Kunle Adegoke, SAN, Oyetola’s attorney, alleged, among other things, that the Ogunwumiju was not competent to commence the action and that the suit was statute-barred.
In its judgment, Justice Emeka Nwite, today, Friday, agreed with the submissions of the plaintiff’s counsel and declared as null and void, the nomination of Governor Oyetola and Alabi by the APC.
The court also held that Governor Mai Mala Buni acted in contravention of the provision of Section 183 of the Constitution when he held dual executive positions as the Governor of Yobe State and the Chairman of the National Caretaker Committee of APC.
The court held that the steps or decisions taken by Governor Mai Mala Buni, including forwarding the names of Governor Oyetola and Alabi to INEC amounted to a nullity in law.
However, Mr Ibrahim Lawal, a legal practitioner who is a staunch supporter of Governor Oyetola, has opined that the Federal High Court judgement would not stand.
According to Lawal on his Facebook page, the judgment contradicts the decision of Supreme Court on similar matter.
He wrote: “Re: Federal High Court decision nullifying the nomination of Governor Oyetola as APC candidate: No cause for alarm.
“The Supreme Court in Eyitayo Jegede v INEC (2021) 4NWLR (Pt. 1797) has cleared this matter. Any decision that is different from this is bound to fail at the appeal.”
