Tue. Aug 9th, 2022

Osun: Court Dismisses Suit Seeking Oyetola’s Sack As APC’s candidate

Gov. Gboyega Oyetola

Osun: Court Dismisses Suit Seeking Oyetola’s Sack As APC’s candidate

The coast is now clear for the incumbent governor of Osun State, Mr. Gboyega Oyetola, to contest in the Saturday’s gubernatorial election, as an Abuja Federal High Court, today, dismissed the suit filed by the State’s former Secretary to the Government (SSG), Mr. Moshood Adeoti, against his former boss.

Adeoti had approached the court presided over by Justice Inyang Ekwo, seeking an order voiding the nomination of Oyetola as the governorship candidate of the All Progressives Congress (APC) Saturday’s governorship election.

Adeoti in his suit claimed that Oyetola violated the provision of Article 31 (3) of the APC construction by allegedly not resigning his membership of the Caretaker/Extra-ordinary Convention Planning Committee (CECPC) 30 days before the party’s primary from which Oyetola emerged as the candidate of the APC.”

But Justice Ekwo in a judgment today, held among others, that the suit was an abuse of court process because it disclosed no cause of action.

Justice Ekwo also noted that the subject matter of the suit fall outside the scope of Section 285(14) of the Constitution and Section 87(9) of Electoral Act and therefore the case did not qualify as pre-election matter.

The judge further held that the suit falls within the internal affairs of the party on which the court could not intervene. And that that the suit was premature, because Adeoti failed to exhaust the internal dispute resolution mechanisms of the APC before approaching the court.

He further held that the creation of the CECPC was a decision of the APC as an ad-hoc measure and that, holding a position in it did not amount to occupying a party office for which officials are elected.

The judge added that Oyetola’s membership of the CECPC did qualify him as holding any office in the party, which is recognised by the APC’s constitution.

Justice Ekwo held that Adeoti ought to have challenged the setting up of the CECPC by the APC, and that having participated in the primary conducted by it, he could no longer turn around to challenge the outcome of the primary.”

Credit: Thenationonline