…as court fixes Oct 9 for hearing
An Abuja Federal High Court has fixed Monday, October 9, 2017, for the hearing of a suit filed by the runner-up in the September 3, 2016 primary election of the All Progressives Congress in Ondo State, Dr. Segun Abraham.
The plaintiff is challenging the candidature of Governor Rotimi Akeredolu as the party’s flagbearer for the November 26, 2016 governorship election.
The re-appearance of the suit followed a ruling by the Court of Appeal that Abraham’s petition had merit and should be heard by the court, thus knocking down an appeal by Akeredolu that the suit lacked merit and should be discontinued.
Abraham had headed for the Abuja court to challenge the election of Akeredolu as the APC authentic candidate.
He, through an ex parte motion, 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 INEC from presenting Akeredolu as the party flagbearer pending the hearing and determination of the motion on notice already filed in the suit.
Abraham had headed for the Abuja court to challenge the election of Akeredolu as the APC authentic candidate. He, through an ex parte motion, prayed the court to declare the process that produced Akeredolu as governorship candidate of APC as illegal
Abraham, who joined the APC National Chairman, John 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, The then presiding judge, Justice Nnamdi Dimgba ordered Akeredolu to show cause (reason) 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, 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 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, 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.
The ruling of the Appeal Court elicited wide jubilation in Abraham’s camp, prompting Akeredolu to issue a statement that the decision did not call for celebration.
The statement, signed by his Chief Press Secretary, Segun Ajiboye, averred that the ruling of the Appeal Court was unnecessarily blown out of proportion as a result of ignorance.
According to Akeredolu, what the appeal court ruled on was whether the service of the Originating Process on the APC secretariat in Abuja, instead of him, was right or not. The governor wondered “how a simple ruling was being twisted and misrepresented to the people.”
But Abraham, who spoke through his spokesman, Olu Akinola, described the ruling as “a vindication of the quest for justice and good governance, as a government based on injustice cannot deliver good governance.”
At the contentious APC primary poll, Akeredolu led 669 of the 2,744 delegate votes while Abraham polled 635. Olusola Oke came third, scoring 583, while Senator Ajayi Boroffice came fourth with 471 votes.
Following allegations that the primary was characterised by irregularities, the APC National Working Committee set up the Hellen Bendega-led Appeal Panel, and the panel recommended its cancellation and the conduct of a fresh exercise to elect the party’s standard-bearer.
But the APC NWC glossed over the Appeal Committee’s recommendations and submitted Akeredolu’s name to the Independent National Electoral Commission.
What is, however, left for the court to decide is, who truly emerged as the party’s candidate between the governor and Abraham? Yet, observers say the court can in the end, uphold the governor’s candidature or nullify it and ask for a fresh APC primaries; meaning that the Speaker of the House of Assembly becomes the acting Governor, pending when a fresh election holds.
The battle continues, in the courtroom!
