Court Nullifies Osun APC Guber Primaries


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A Federal High Court sitting in Abuja on Friday nullified the Osun direct primary election of the All Progressives Congress (APC) which produced Alhaji Isiaka Gboyega Oyetola as gubernitorial candidate of the party.

It would be recalled that Kunle Rasheed Adegoke, a governorship aspirant, has asked the Abuja federal high court to nullify the Osun primary election of the All Progressives Congress (APC).

Isiaka Oyetola, ex chief of staff to Rauf Aregbesola, incumbent governor, emerged winner of the election which held on July 20. Oyetola polled 127,017 votes while Adegoke got 252 votes.
But Adegoke had asked the court to declare that the election was not held according to the rules and regulations made by the APC’s national working committee (NWC) and duly approved by its national executive committee (NEC).

The APC is the first defendant in the suit while the Independent National Electoral Commission (INEC) is the second defendant.

Although “A declaration that the Osun state governorship primary election of the 1st Defendant purportedly held on the 20th day of July, 2018 in Osun state in flagrant violation of the constitution of the federal republic of Nigeria, 1999 (as altered), the electoral act, 2010 (as amended) and the relevant provisions of the Constitution of the 1st defendant (APC) and the regulation for the conduct of political party primaries of the Independent National Electoral Commission is unconstitutional, unlawful, null and void,” it read.
“A declaration that, by the provisions of the constitution of the All Progressives Congress 2014 (as amended), article 20(v) thereof, it is ultra vires the 1st defendant to organize, hold and conduct the governorship primary election held on the 20th day of July, 2018 in Osun state without rules and regulations made by its national working committee and duly approved by its national executive committee for the purpose of nomination of candidates through primary elections.
“A declaration that, by article 25B(ii) of the constitution of the All Progressives Congress, 2014 (as amended), it is unconstitutional for the 1st defendant (APC) to organize and conduct the governorship primary election held in Osun state on the 20th day of July, 2018 without a meeting of the national executive committee approving rules and regulations which ought to be made but was never made by the national working committee for the purpose of nomination of candidates through direct primary elections.
“A declaration that it is ultra vires the 1st defendant to hold and organize the Osun state governorship primary election held in Osun state on the 20th day of July, 2018 without having given a prior 21-day notice of its primaries to the Independent National Electoral Commission (the 2nd defendant) indicating that a direct method of primary election shall be used.
“An order of this honourable court nullifying the Osun state governorship primary election of the 1st defendant held on the 20th day of July, 2018 in Osun state same having been conducted in flagrant violation of the constitution of the federal republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the constitution of All Progressives Congress, 2014 (as amended) and the regulation for the conduct of political party primaries of the Independent National Electoral Commission.

“An order restraining the 2nd defendant from according any recognition to the outcome of the said Osun state governorship primary election of the 1st defendant held on the 20th day of July, 2018 in Osun state same having been conducted in violation of the constitution of the federal republic of Nigeria, 1999 (as altered), the electoral act, 2010 (as amended), the relevant provisions of the constitution of All Progressives Congress, 2014 (as amended) and the regulation for the conduct of political party primaries of the Independent National Electoral Commission.”
While delivering the judgement the presiding judge granted the prayers of Barrister Kunle Rasheed Adegoke also knownas KRAD.

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