JUST IN: COURT DISMISSES LAWSUIT SEEKING OYETOLA’S DISQUALIFICATION
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By Agency Report
A Federal High Court in Abuja dismissed a lawsuit on Thursday that sought to invalidate Governor Adegboyega Oyetola of Osun as the APC candidate in the state’s governorship election on Saturday.
In his ruling, Justice Inyang Ekwo, stated that the suit filed by a chieftain of APC, Alhaji Moshood Olalekan Adeoti, against Oyetola was an abuse of the court process.
According to Justice Ekwo, the plaintiff (Adeoti)’s process that was submitted to the court was not supported by any legislation.
The judge also agreed with APC (the first defendant) that the court lacked jurisdiction over the case because there was no legal basis for filing the suit.
The APC, Oyetola, and Independent National Electoral Commission were named as the first, second, and third defendants in the lawsuit, respectively, by the plaintiff.
In the original summons dated February 22 and filed February 23, Adeoti, a candidate in the Feb. 19 Osun APC governorship primary, pleaded with the court to throw out Oyetola’s candidacy on the grounds that he (Oyetola) participated in the election as a member of the party’s Caretaker Extraordinary and Convention Planning Committee.
Adeoti claimed that the act was in violation of both Article 31(iii) of the APC and Section 222 of the Federal Republic of Nigeria 1999 Constitution (October 2014 as Amended).
He contends that in order for the second defendant (Oyetola) to be eligible to run in the aforementioned first defendant’s primary election, he had to resign from the CECPC of the first defendant (the APC) and vacate his position as an officer of the first defendant at least 30 days beforehand.
Upon resumption of the matter on Wednesday, Adeoti’s counsel, Mahmud Adesina, SAN, informed that the matter was adjourned for hearing and that he was ready to proceed on the case.
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