By: Oluwatosin Adesola
Ahead of the 2023 general election, about 90 Ad-hoc Delegates of the All Progressives Congress (APC) for the Party’s House of Representatives Primary in Akoko Southwest/Southeast federal constituency of Ondo State have dragged the Independent National Electoral Commission (INEC), the APC and its candidate for the constituency, Hon Adegboyega Adefarati to a Federal High Court sitting in Akure to seek the nullification of the primary result.
The Chairman of the State Electoral panel, Dr Kingsley Nwankwere, who had announced the results of the primary said out of the 113 delegates, Adefarati who emerged the winner polled 96 votes while his closest rival, the Vice-Chairman, House of Representatives Committee on National Security, Ade Adeogun and Victor Ategbole, who got six votes each.
The Chairman added that Adeyeri Stephen scored three votes, John Adanike polled one vote while there were two invalid votes out of the 113 votes cast.
But In a suit filed by the lawyer to the plaintiffs, Barr A.S SUBAIR of FEMI EMMANUEL EMODAMORI & Co., the Delegates claimed that the APC did not conduct the primary that produced Adefarati as the Candidate within the constituency and as the lawful delegates, the party disenfranchised them by moving the venue of the primary to Akure.
The case file shows that APC is the First Defendant, Adegboyega is the 2nd Defendant while INEC is sued as the 3rd Defendant.
However, the plaintiffs in thecase are; AGBEDE FEMI, ORIPELAYE AKEEM, ANJORIN EMMANUEL, OLOWO MICHAEL, OGEDENGBE KAYODE RUFUS, AYOKO BOLA OLAJUMOKE, LAWAL RASAKI, TUNDE ARUWAJOYE, OLORUNDA SEYI EMMANUEL, ILENUSI OLAMIDE, OLADIPO DANIEL, MRS. M.B. OJOMO and 78 other Local Government Delegates of the APC in the Federal Constituency excluded from her purported Primary Election held at Alagbaka, Akure on 27th May,2022.
In the suit, the Delegates also sought, “AN ORDER of Injunction restraining the 3rd Defendant from recognizing and/or including the name of the 2nd Defendant as the 1st Defendant’s candidate for Akoko South-East/South-West Federal Constituency of the House of Representatives in the 2023 general election based on the result of the 1st Defendant’s purported Primary Election for the said Constituency held at the International Cultural Events Center (the Dome) in Alagbaka, Akure, on 27th May, 2022.
“AN ORDER compelling the 1st Defendant to conduct a fresh Primary Election to elect her candidate for Akoko South-East/ South-West Federal Constituency at a venue within the said Federal Constituency as envisaged by Section 84(5)(c)(i) of the Electoral Act, 2022 within 14 days from the judgment of this Honourable Court.
“AN ORDER mandating the 1st Defendant to use only the list of her Local Government Delegates in Akoko South-East/South-West Federal Constituency duly recognized/certified by the 3rd Defendant, containing the names of the Plaintiffs and other lawful Delegates, to conduct the fresh Primary Election to elect her candidate for Akoko South-East/ South-West Federal Constituency of the House of Representatives.
“A DECLARATION that by the provision of S. 84(8) of the Electoral Act, 2022 and the Constitution of the 1st Defendant, only the Plaintiffs and other lawful Delegates of the 1st Defendant who are duly recognized by the 3rd Defendant can vote as delegates in the 1st Defendant’s Primary Election for Akoko South-East/ South-West Federal Constituency of the House of Representatives.
“A DECLARATION that by virtue of Section 84(5)(C)(i) of the Electoral Act, 2022, the 1st Defendant must conduct her Primary Election for the Akoko South-East/South-West Federal Constituency of the House of Representatives within the said Federal Constituency.
“A DECLARATION that the 1st Defendant’s sudden shift of the venue of her Primary Election for Akoko South-East/South-West Federal Constituency from St. Patrick Secondary School, Iwaro-Oka Akoko within the said Federal Constituency, to International Cultural Events Center (The Dome) in Alagbaka, Akure on 27th May, 2022 without notice to and/or consent of the Plaintiffs and 78 other Local Government Delegates represented by them in this Suit, is arbitrary, unlawful, illegal and a gross violation of Section 84(5)(C)(i)of the Electoral Act, 2022,” Barr. SUBAIR prayed the court on behalf of the plaintiffs.
