The Supreme Court has fixed Wednesday, January 10, for the hearing of appeal and cross-appeal in a suit filed against the Ondo State Governor, Mr. Rotimi Akeredolu (SAN) by Dr. Segun Abraham, his opponent at the 2016 governorship primary election of the All Progressives Congress, held in Akure, the Ondo State capital.
Abraham is in court, contesting the victory of Akeredolu at the primary election, averring that the governor became the flagbearer of APC through the aid of fake party delegates, and that, he, Abraham, actually won at the shadow election and should be declared the governor of Ondo State.
The apex court, which has communicated the hearing date to parties in the suit, is to hear Akeredolu’s appeal against the decision of the Court of Appeal, which validated Abraham’s suit at the Federal High Court as having been properly filed and served, while it is also set to hear Abraham’s cross-appeal.
Earlier in October, 2017, an Abuja Federal High Court had resolved to speedily rule on the suit filed by Abraham, “in the interest of justice.”
Presiding judge, Justice Nnamdi Dimgba, gave the assurance as he adjourned sine die in the suit, pending the determination of an appeal on substituted service pending at the Supreme Court.
Justice Dimgba had then said, “I can assure you of accelerated hearing and due justice in this suit once the Supreme Court gives its ruling.
“I will hear parties within a day and deliver judgement within 21 days of hearing. I want to ensure that this case leaves my docket without any delay whatsoever.”
When the matter came up at the Federal High Court, counsel to Abraham, Prof. Ojo Amupitan, informed the court that the ruling of the court on substituted service was affirmed by the Court of Appeal, but that the respondents had appealed to the Supreme Court while they (plaintiffs) had also cross-appealed to the Supreme Court.
He, however, urged the court to consider his motion which he filed on July 21, 2017 before the court went on vacation.
But counsel to Governor Akeredolu and Chief John Odigie-Oyegun (1st and 3rd defendants), Mr. Murtala Abdulrasheed, urged the court to use its discretion to adjourn the case till the Supreme Court decides on the appeals.
Abraham, through an ex parte motion, had prayed the court to declare the process that produced Akeredolu as governorship candidate of APC as illegal.
The suit also sought an interim order to prevent the Independent National Electoral Commission from presenting Akeredolu as the party flagbearer, pending the hearing and determination of the motion on notice already filed in the suit.
Abraham, who joined the APC National Chairman, Odigie-Oyegun, and the INEC as defendants, erected his case on the ground that the election did not conform with the constitution of the party and guidelines set for the primaries.
Before the governorship election, Justice Dimgba had ordered Akeredolu to come and show cause why an interim order restraining INEC from recognising him as the candidate of APC should not be granted.
But Akin Olujimi, leading a team of 28 lawyers to defend the governor (who was then the APC candidate), argued that counsel to Abraham had not served him with the orders of the court requiring the defendants to come and show cause. Olujimi averred that because the service was not effected, the hearing could not go on.
But the court dismissed the preliminary objections, ruling that the application for interim injunction sought by Abraham had merit.
Not satisfied with the ruling of the court, Akeredolu approached the Appeal Court, asking it to set aside the ruling of the lower court. But the court dismissed the appeal and a stay of proceedings application filed by the governor, saying it lacked merit.
The court also ordered the governor to put up a defence as one of the respondents to the suit marked FHC/ABJ / CS/788/2016 at the Federal High Court in Abuja. It held that the service of originating summons filed by Abraham to the APC National Secretariat in connection with the contentious primary instead of Akeredolu, was proper.
Abraham, who hailed the ruling, had described it as a quit notice to Akeredolu and an indication that democracy was maturing in the country.
Akeredolu, however, headed for the Supreme Court to challenge the decision of the Court of Appeal that validated the service of originating summons to the APC National Secretariat instead of the governor.
Speaking to The Point after the October, 2017 adjournment at the Abuja High Court, counsel to Abraham, Prof. Amupitan, said, “Using delay tactics is not in the interest of either party, as early resolution of the matter will make the people of Ondo State to know who their governor is”, adding that no matter the delay, the D-day would come.
