Governor Adegboyega Oyetola of Osun state has appealed the Federal High Court judgment that nullified his nomination as candidate of the All Progressives Congress (APC) for the governorship election held in the state on July 16, 2022.
The governor’s media office in a statement made available to Team@orientactualmags.com on Wednesday noted that the Governor and his deputy; Mr Benedict Alabi had also filed an application before the Federal High Court , Abuja, seeking to stay execution of the court judgment pending the final determination of the appeal.
It will be recalled that Justice Emeka Nwite of the Federal High Court , Abuja, had while delivering ruling in the lawsuit instituted by the Peoples Democratic Party, PDP, invalidated Governor Oyetola’s candidacy , ditto 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.
Oyetola and Alabi in an appeal filed by the APC through their counsels; Dr Abiodun Layonu (SAN) and Abdulfatai Oyedele, listed 19 grounds of appeal against the lower court judgment.
They argued that the decision of the Federal High Court was against the weight of evidence and therefore tantamount to a grave miscarriage of justice.
They therefore asked the Court of Appeal to set aside the ruling of the lower court and affirm the nominations of Oyetola and Alabi as Governorship candidate and deputy governorship candidate respectively by the APC as valid and lawful.
In the appeal, the governor and his deputy argued that all the actions taken by Governor Buni in respect of their nominations were valid and legally cognizable as it was in compliance with the provisions of the Electoral Act 2022 and the 1999 Constitution of Nigeria.
The appellants noted that the setting up of the defunct Caretaker Committee/Extra-ordinary Planning Committee (CCEPC) by the National Executive Committee (NEC) of the party did not violate provision of the Constitution and Section 82(3) of the Electoral Act 2022.
The APC further argued that the PDP lacked the locus to initiate legal action against Governor Oyetola as the issue of nomination of candidate was an internal affair of political parties, hence had nothing to do with the PDP.
“By the provision of Section 84(14) of the Electoral Act 2022, it is only an aspirant that participated in the primary election that can complain that the provision of the Electoral Act and the guidelines of the political party have not been complied with in the selection or nomination of candidate of a political party for an election.
The issue of nomination and sponsorship of candidates of a political party is strictly an internal affair of a political party which is not justiciable. The 1st respondent (the PDP) therefore lacks the locus standi to bring any cause of action that relates to internal affairs of the appellant (APC)’ they submitted.
Another ground of appeal filed by the appellant was that the suit initiated by the PDP had been caught by the Issue of Estoppel which indicates that where an issue has been decided by a competent court, the court will not allow it to be re-litigated by different parties.
“The principal issue raised by the 1st Respondent (PDP) before the trial court is whether the 3rd and 4th Defendants (Oyetola and his deputy) were validly nominated and sponsored for the Gubernatorial Election held in Osun state on the 16th of July, 2022.
This same issue involving the same parties have been laid to rest in the case of JEGEDE V. INEC (2021) 14 NWLR (1797) 409 and Plaintiff suit as presently constituted is a duplication, repetition and remake of what has been settled and decided by the Supreme Court in the said case.
The provisions of Sections 180 and 183 of the Constitution upon which the decision of the Supreme Court in JEGEDE V. INEC was based is still very extant’ they added.
The appellant therefore held that the lawsuit instituted by the PDP was an abuse of Court process and that the trial court lacked the jurisdiction to adjudicate upon it.
The APC also argued that the suit filed by the PDP was statute-barred as the party failed to file the case within the time frame stipulated by the Constitution, hence, the court lacks the jurisdiction to adjudicate upon it.
“The law stipulates that every pre-election matter must be filed within 14 days from the date of occurrence of the event, decision and act complained of in the suit. The period within which to file action elapsed on the 31st of March, 2022, and the PDP filed the suit on 7 April.
Therefore, the court lacks the jurisdiction to adjudicate upon the 1st respondent’s suit as the action was statute barred. The act complained of came into existence on or before 18th March, 2022 and not 25th March, 2022 as claimed by the 1st respondent’ the counsels for the APC averred-Team@orientactualmags.com Do you have any information you wish to share with us? Do you want us to cover your event or programme? Kindly send SMS to 08059100286, 09094171980. Thank you
