“….I have no issue with any member, organ of the Party”- Sola Ebiseni.
At the resumed hearing of the case on the ticket of the Labour Party for the 2024 Ondo State Governorship Election, the Federal High Court Abuja stopped one of the contenders, Dr. Festus Ayo Olorunfemi from joining suit.
In the Originating Summons in Suit N0 FHC/ABJ/ CS/1105/2024 filed on the 6th August 2024, by the Labour Party in conjunction with Chief Olusola Ebiseni and Adedayo Ezekiel Awude as the Governorship and Deputy Governorship candidates respectively, the Plaintiffs sought:
- A DECLARATION that by the combined effects of Sections 29, 31 and 33 of the Electoral Act 2022, the 1st Plaintiff which candidate withdrew on the 9th day of July, 2024 is entitled to produce and submit fresh candidates to the Defendant for the Ondo State Governorship Election scheduled for the 16th day of November, 2024.
- A DECLARATION that the candidate of the 1st Plaintiff having withdrawn his candidature on the 9th day of July, 2024 and the 1st Plaintiff having conducted a fresh primary on the 18th day of July 2024 which produced the 2nd and 3rd Plaintiffs whose names by letters duly received were submitted to the Defendant, the Defendant is obliged to publish the names of the 2nd and 3rd Plaintiffs as respectively the Governorship and Deputy Governorship candidates of the 1st Plaintiff for the Ondo State Governorship Election scheduled for the 16th day of November, 2024.
- AN ORDER of this Honourable Court directing, compelling and mandating the Defendant to publish the names of the 2nd and 3rd Plaintiffs as the Governorship and Deputy Governorship candidates respectively of the 1st Plaintiff in the Ondo State Governorship Election scheduled for the 16th day of November, 2024.
- AN ORDER of this Honourable Court directing, compelling and mandating the Defendant to accord the 2nd and 3rd Plaintiffs all the rights and privileges due as candidates of the 1st Plaintiff and such as enjoyed by candidates of all other political parties in the Ondo State Governorship Election scheduled for the 16th day of November 2024.
The 17-paragraph Affidavit in support of the Originating Summons deposed to by Chief Olusola Ebiseni was accompanied by 4 exhibits including Exhibit A- letter dated 9th July 2024 and received by INEC on
the 10th July 2024 given notice of the withdrawal of the Governorship
and Deputy Governorship candidates for a Fresh Primary at the Party Secretariat Akure on the 18th July, his nomination form (Exhibit B) and letter of the Party received by INEC on 24th July on the report of the primary and submitting the names of Olusola Nehemiah Ebiseni and Adedayo Ezekiel Awude as Governorship and Deputy Governorship candidates (Exhibit D).
In its reaction INEC filed Counter-affidavit dated 22nd August with 5 Exhibits which include 1-3 comprising INEC Timetable, Guidelines and the results of the Party Primary held on the 25th April 2024 which
produced Festus Ayo Olorunfemi and Dame Olabisi Adu-Okunniyi as
Governorship and Deputy Governorship candidates respectively.
Notably, Exhibit INEC 4 is the same letter as the Plaintiffs Exhibit A
signed by the National Chairman and Secretary titled Notice of
Withdrawal and date for Fresh Primary. The letter brought to Court by
INEC was accompanied by letter by Dr Festus Ayo Olorunfemi dated 9th
July 2024 titled “Letter of voluntary withdrawal as Gubernatorial
candidate for Ondo State Governorship Election 2024” stating among other reasons that “the decision became inevitable after consultation with my immediate family and supporters based on financial constraints. I hereby withdraw and request the Party leadership to
replace me with another candidate” with an affidavit deposed same day by him at the High Court of the FCT giving same reasons for withdrawal and urging the leadership of the Party for replacement.
The Deputy Governorship candidate Dame Olabisi Adu-Okunniyi followed similar patterns withdrawing her candidature as Deputy Governorship candidate.
The Electoral Commission further forwarded a letter dated 11th July
2024 (INEC 5) wherein the Party was said to have withdrawn the earlier letter of withdrawal.
In their further affidavit against INEC, the Plaintiffs denounced the said second letter as not emanating from the Party for several reasons, stating that having withdrawn and deposed to affidavits to that effect, the withdrawal is irreversible by the candidates particularly that no further letter or affidavit was deposed contrary to their earlier depositions, that the purported writer of the second letter cannot make such claim on behalf of the candidates, that the party can only forward the decision but not decide on behalf of the candidate.
The Plaintiffs further stated that the Electoral Act has no provision for
reversal of the act of withdrawal even by the candidate. In addition, the
Plaintiffs exhibited the receipt of N20M paid and received from Chief Olusola Ebiseni as Nomination Fees by the Party and another sum of N5 Million Naira paid by him to Festus Ayo Olorunfemi for his expenses as directed by the Party.
The Plaintiffs submitted that the purported writers of the letter cannot approbate and reprobate on behalf of the Party.
In its Motion on Notice filed 15th August, the NWC of the Party led by Barrister Julius Abure while not denying the candidature of Chief Olusola Ebiseni and Adedayo Ezekiel Awude as the Governorship and Deputy Governorship candidates deposed only that the counsel to the Plaintiffs were not authorised by them to join the name of Labour Party in the suit and urged the court to strike out the name of the Party.
In their Counter-affidavit, the Plaintiffs deposed that at all times material
to his emergence as candidate, the meetings and payments were at the
instance of the members of the NWC and that the decision to seek redress in court was at the directive of the Legal Adviser, Mr Kehinde Edun.
A mild drama ensued when a counsel announced his appearance on behalf of Ayo Olorunfemi as an interested party. Asked by the Court to identify his processes, he said he was just being briefed by his client described by him as the authentic candidate but has not filed any paper.
Ruling on the application, the judge, Justice Emeka Nwite held that the suit was filed on the 6th of August and when the case came up on the 12th of August, he abridged the time to 14 days for interested parties. Being a pre-election, time is of essence and any truly interested and serious party would have taken advantage of the opportunity provided by court to be heard.
The parties on record having adopted and spoken on their processes including some interlocutory applications, the presiding judge adjourned judgement to the 27th September 2024. Chief Sola Ebiseni who was in court declined comments from journalists saying, “I am not permitted to speak on the matter already submitted to court, besides we are in court for INEC to publish and upload our names as candidates of our Party.
“I know my place in the Labour Party as a two time Commissioner, Member of the 2014 National Conference on the Party’s nomination, its South West Coordinator and member of its Presidential legal team to the Supreme Court in the 2023 Presidential election. I have no issue whatsoever with any member or organ of the Party.”
