The governorship candidate of the New Nigeria People’s Party (NNPP), Olugbenga Edema, in the November 16 governorship election has sought the intervention of the court to compel the Independent National Electoral Commission (INEC) to immediately withdraw the nomination and the publication of the names Governor Lucky Aiyedatiwa of the All Progressives Congress (APC) and his deputy as candidates.
Edema, who approached the Federal High Court, wants the court to interpret the application of Section 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended) over the nomination of the APC candidates.
The originating summons with suit no FHC/AK/CS/103/2024 filed through his counsel, Abayomi Ojo read: “Let 1. The Independent National Electoral Commission (INEC); 2. All Progressives Congress (APC); 3. Lucky Orimisan Aiyedatiwa; and 4. Olayide Owolabi Adelami. Within Seven (7) Days after service of this Summons on them, inclusive of the day of such service, cause an appearance to be entered for them to this Summons, which was issued upon the application of HON. OLUGBENGA OMOGBEMI EDEMA and NEW NIGERIAN PEOPLES PARTY, who are interested in the interpretation and application of the Section 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as Amended), Sections 82 (1)(5); 84 (1)(2)(4a,b)(13) of the Electoral Act, 2022 and the Time Table and Schedule of Activities issued by the Independent National Electoral Commission for the Ondo State 2024 Governorship Election as well as other relevant laws and constitutional provisions.
“Whether the 1st Respondent is not bound or obligated to adhere to the clear and mandatory provisions Section 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended); and Sections 82 (1)(5); 84 (1)(2)(4a,b)(13) of the Electoral Act, 2022, in determining which political party should be included in the list of political parties for election in the Ondo state gubernatorial election coming up on the 16th November, 2024.
“Whether by the combined provisions of Section 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended); and Sections 82 (1)(5); 84 (1)(2)(4a,b)(13) of the Electoral Act, 2022, the 2nd Defendant conducted a valid primary election for the purpose of presenting candidates for the forthcoming Ondo State gubernatorial election slated for the 16th of November, 2024 to entitle the 1st Defendant to include its candidates in the final list of candidates published on the 7th day of November, 2024.
“Whether by the provision of section 84(13) of the Electoral Act, 2022, the 1st Defendant is not obligated to exclude/delist the names of the 3rd and 4th Defendants, being the candidates of the 2nd Defendant, from the list of approved candidates for the forthcoming Ondo State gubernatorial election slated for the 16th November, 2024 having been nominated from an invalid Party Primary election conducted on the 20th of April 2024, by the 2nd defendant, contrary to the provisions of the Electoral Act, 2022, as particularly enunciated in Exhibits NNPP02-19, which are copies of the CTC of the 1st Defendant reports of the conduct of the supposedly conducted party primary by the 2nd Defendant from various Wards and Local Government Areas of Ondo State.
“Take Notice that in the event of the above questions being answered in favour of the Plaintiffs, the Plaintiffs shall seek the following reliefs: A Declaration that by the combined provisions of Section 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended); and Sections 82(1)(5); 84 (1)(2)(4a,b)(13) of the Electoral Act, 2022, the publication and continuous publication of the 3rd and 4th Defendants’ names by the 1st Defendant as the Governorship and deputy Governorship candidates of the 2nd Defendant for the forthcoming Ondo State gubernatorial election coming up on the 16th of November, 2024 is unconstitutional, arbitrary, invalid, and illegal and therefore null and void.
“A Declaration that the purported nomination and publication of the names of the 3rd and 4th Defendants by the 1st Defendant as the gubernatorial candidates of the 2nd Defendant in the forthcoming Ondo State gubernatorial election coming up on the 16th of November, 2024, is unconstitutional, arbitrary, invalid, and illegal, being contrary to Section 15 of the third schedule to the constitution of the Federal Republic of Nigeria, 1999 (as amended); and Sections 82 (1)(5); 84 (1)(2)(4a,b)(13) of the Electoral Act, 2022, and therefore null and void, and of no effect whatsoever.
“An Order quashing the purported nomination and publication of the 3rd & 4th Defendants by the 1st Defendant as the gubernatorial candidates of the 2nd Defendant in the forthcoming gubernatorial election coming up on the 16th November, 2024, being contrary to Section 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended); and Sections 82 (1)(5); 84 (1)(2)(4a,b)(13) of the Electoral Act, 2022
“An Order directing the 1st Defendant to immediately withdraw the nomination and the publication of the names of the 3rd and 4th Defendants as the Governorship and Deputy Governorship candidates of the 2nd Defendant by delisting the names of the 3rd and 4th Defendants from the 1st Defendant’s final list of candidates as published in the 1st Defendant’s information booklet for the Ondo State gubernatorial election slated for the 16th of November, 2024 made available to the public on the 7th November, 2024.”
