The Federal High Court, Akure today, the 13th of October, 2022 entered consent judgments based on Terms of Settlement executed and filed by all the parties in Suits FHC/AK/CS/62/2022 – Dr. Victor Olusegun Ategbole v Mr. Adegboyega Adefarati & 4 Others and FHC/AK/CS/57/2022 – Mr. John Adanike & 5 Ors.
Parties agreed to this position in the overall interest of APC.
The parties involved in the suit however, agreed to settle out of court and agreed to the terms of settlement to conduct a fresh primary election in the overall interest of the party
An aggrieved aspirant, Mr. Victor Ategbole had dragged the party and the winner of the contest to court over the recognition of Adefarati ad the candidate of the APC.
The Judge, Justice Demi Ajayi however, ordered a fresh election to be conducted within the next seven days, urging the party to adhere strictly to the provisions of the new electoral act in the conduct of a fresh primary.
In the settlement “the plaintiff and the first defendant are two of the aspirants of the All Progressives Party (APC) for the House of Representatives APC’s primary election for Akoko South East/Akoko South West Federal Constituency scheduled to hold at St. Patrick’s Secondary School, Iwaro-Oka, Akoko South West Local Government Area of Ondo State on 27th May, 2022 in preparation for the 2023 House of Representatives election in the constituency.
“The Plaintiff being dissatisfied with the non-conduct of the primary election at St. Patrick’s Secondary School, Iwaro-Oka, Akoko South West Local Government Area of Ondo State on 27 May, 2022 as well as the relocation of the venue of the primary election from St. Patrick’s Secondary School, Iwaro-Oka, Akoko South West Local Government to the DOME, Akure, in Akure South Local Government Area, instituted this Suit No: FHC/AK/CS/62/22.
“The 1st, 2nd, 3rd and 4th Defendants in their defence to the action cited security reasons for the relocation of the venue of their primaries to the Dome in Akure, Akure South Local Government.
“In the overall interest of the APC, the Plaintiff on the one part and 1, 2, 3 and 4 Defendants on the other part have now agreed to settle this suit out of court and have now agreed to the Terms of Settlement herein set out”
The agreement also stated that “It is further agreed that the 1st Defendant, the All Progressives Congress (APC), shall within seven days from the date of pronouncing this Terms of Settlement as the judgment of this court in this suit or so soon thereafter, write officially to inform the 5th Defendant of its readiness to conduct a fresh APC’s primaries for the Akoko South-East and Akoko South West Federal Constituency at the approved venue of the primaries, being St Patrick’s Secondary School, Iwaro-Oka, Akoko South West Local Government Area of Ondo State within the Federal Constituency.
“The 2nd Defendant shall invite the appropriate officers of the 5th Defendant to monitor the proposed fresh primaries for Akoko South East/Akoko South West Federal Constituency. That the foregoing terms shall be the judgment of this Honourable Court in this suit”
Reacting to the development, counsel to Adefarati, Mr. Olusola Oke, SAN, said “By the tenor of the said judgments, the APC shall within seven days from today write to notify INEC of its readiness to conduct a fresh primary election of the party for Akoko South East/Akoko South West Federal Constituency at St. Patrick Secondary School, Iwaro-Oka. Parties agreed to this position in the overall interest of APC”.
