Ekiti Polls: Oyebanji tells court to dismiss suit against nomination
The All Progressives Congress (APC) of Ekiti State and Governor-elect Biodun Oyebanji have urged the Ado Ekiti Federal High Court to dismiss a lawsuit filed by an aggrieved aspirant, Kayode Ojo, who contests his emergence as the party's nominee for the January 27 gubernatorial primary.
The APC and Mr. Oyebanji, who are the first and second defendants in the lawsuit brought by Mr. Ojo, argued that the direct primaries held in all 177 wards of the state were valid and consistent with the Nigerian Constitution , the Elections Act 2010, and the party constitution and guidelines.
Mr. Oyebanji, after emerging as the party candidate, became the eventual winner of the gubernatorial election, defeating both the PDP and SDP candidates.
However, on Friday he and his party were in court in a battle to stave off a major threat to the outcome of the June 18 election.
At the court hearing, the parties to the lawsuit marked FHC/AD/CS/151/2022 adopted their written addresses and proposed all pending claims, after which Judge Babs Kuewumi set the Thursday August 4th for the judgment in the cas case.
Other defendants in the lawsuit are Independent National Electoral Commission (third), Ayo Adegbite (fourth), Adeoye Aribasoye (fifth), Vincent Bewaji (sixth), Goke Olajide (seventh), Lateef Akanle (eighth), Richard Apolola (ninth), Kayode Fasakin (10th), Adu Joseph (11th) and Teju Okuyiga (12th).
The other defendants are Olumide Fadipe (13th), Dele Oloje (14th), Victor Adeniyi (15th), Folorunso Olabode (16th), Deji Ajayi (17th), Sunkanmi Onipede (18th), Kemi Olaleye (19th) and the Secretary and Members of Ekiti APC Governor Primary Election Committee 2022 (20th).
The 4th through 19th defendants served as Election Committee Chairpersons/Returning Officers in the 16 Local Government Areas during the statewide Ekiti APC Governorate Primary.
Mr. Ojo was represented by his lawyer, Alex Izinyon, while Shaibu Aruwa appeared for the 1st defendant (APC). Kabir Akingbolu appeared for the 2nd accused, Mr. Oyebanji.
The 4th to 7th defendants were represented by Samson Adanlawo while Tamunotonye Ekundayo appeared for the 8th to 13th defendants.
Nimi Ayua appeared for the 14th-16th defendants and Adedayo Adewumi for the 17th-19th defendants. Ekene Luke replaced the 20th defendant.
However, the fourth defendant (INEC) was not represented by any lawyer during the adoption of the written addresses.
The plaintiff's lawyer, Mr. Izinyon, moved and adopted his written address urging the court to declare his client (Mr. Ojo), who came second in the exercise, as the rightful winner of the primary ballot of the governorship of Ekiti APC.
But lawyers for the first, second and 4th-20th defendants in the lawsuit urged the court to dismiss the case and declare that the primary that produced Mr. Oyebanji as the winner was valid and constitutional, to party constitution and guidelines.
Pending requests presented by lawyers to defendants include requests for extension of the time limit for filing defense briefs, replies on points of law, preliminary objections asking the court to grant them.
The plaintiff's attorney also presented his response to all motions, particularly describing the defendants' attorneys' preliminary objections as "false and amorphous."
While adopting his written speech, Mr. Oyebanji's lawyer, Mr. Akingbolu maintained that there was no argument as to the declaration of the result of the primary, saying that "there must be have a result on the court before the plaintiff can challenge it," citing the case of Orji v Ugochukwu as reported in 2009 14 NWLR pt 1161 at 207 PG 284-285.
Mr. Akingbolu also drew the court's attention to the testimony of Defense Witness 1, an INEC official who said the primary was free, fair and monitored by police and other security agencies.
>He further argued that the Complainant failed to fulfill the conditions that could justify challenging the outcome of the primary, including violation of the Elections Act, the Constitution of the Federal Republic of Nigeria, the guidelines of the party adding that all party members were given the opportunity to vote and its agents (from Ojo) participated in the primary.
READ ALSO: Ekiti Governorate: In court, AP...
The All Progressives Congress (APC) of Ekiti State and Governor-elect Biodun Oyebanji have urged the Ado Ekiti Federal High Court to dismiss a lawsuit filed by an aggrieved aspirant, Kayode Ojo, who contests his emergence as the party's nominee for the January 27 gubernatorial primary.
The APC and Mr. Oyebanji, who are the first and second defendants in the lawsuit brought by Mr. Ojo, argued that the direct primaries held in all 177 wards of the state were valid and consistent with the Nigerian Constitution , the Elections Act 2010, and the party constitution and guidelines.
Mr. Oyebanji, after emerging as the party candidate, became the eventual winner of the gubernatorial election, defeating both the PDP and SDP candidates.
However, on Friday he and his party were in court in a battle to stave off a major threat to the outcome of the June 18 election.
At the court hearing, the parties to the lawsuit marked FHC/AD/CS/151/2022 adopted their written addresses and proposed all pending claims, after which Judge Babs Kuewumi set the Thursday August 4th for the judgment in the cas case.
Other defendants in the lawsuit are Independent National Electoral Commission (third), Ayo Adegbite (fourth), Adeoye Aribasoye (fifth), Vincent Bewaji (sixth), Goke Olajide (seventh), Lateef Akanle (eighth), Richard Apolola (ninth), Kayode Fasakin (10th), Adu Joseph (11th) and Teju Okuyiga (12th).
The other defendants are Olumide Fadipe (13th), Dele Oloje (14th), Victor Adeniyi (15th), Folorunso Olabode (16th), Deji Ajayi (17th), Sunkanmi Onipede (18th), Kemi Olaleye (19th) and the Secretary and Members of Ekiti APC Governor Primary Election Committee 2022 (20th).
The 4th through 19th defendants served as Election Committee Chairpersons/Returning Officers in the 16 Local Government Areas during the statewide Ekiti APC Governorate Primary.
Mr. Ojo was represented by his lawyer, Alex Izinyon, while Shaibu Aruwa appeared for the 1st defendant (APC). Kabir Akingbolu appeared for the 2nd accused, Mr. Oyebanji.
The 4th to 7th defendants were represented by Samson Adanlawo while Tamunotonye Ekundayo appeared for the 8th to 13th defendants.
Nimi Ayua appeared for the 14th-16th defendants and Adedayo Adewumi for the 17th-19th defendants. Ekene Luke replaced the 20th defendant.
However, the fourth defendant (INEC) was not represented by any lawyer during the adoption of the written addresses.
The plaintiff's lawyer, Mr. Izinyon, moved and adopted his written address urging the court to declare his client (Mr. Ojo), who came second in the exercise, as the rightful winner of the primary ballot of the governorship of Ekiti APC.
But lawyers for the first, second and 4th-20th defendants in the lawsuit urged the court to dismiss the case and declare that the primary that produced Mr. Oyebanji as the winner was valid and constitutional, to party constitution and guidelines.
Pending requests presented by lawyers to defendants include requests for extension of the time limit for filing defense briefs, replies on points of law, preliminary objections asking the court to grant them.
The plaintiff's attorney also presented his response to all motions, particularly describing the defendants' attorneys' preliminary objections as "false and amorphous."
While adopting his written speech, Mr. Oyebanji's lawyer, Mr. Akingbolu maintained that there was no argument as to the declaration of the result of the primary, saying that "there must be have a result on the court before the plaintiff can challenge it," citing the case of Orji v Ugochukwu as reported in 2009 14 NWLR pt 1161 at 207 PG 284-285.
Mr. Akingbolu also drew the court's attention to the testimony of Defense Witness 1, an INEC official who said the primary was free, fair and monitored by police and other security agencies.
>He further argued that the Complainant failed to fulfill the conditions that could justify challenging the outcome of the primary, including violation of the Elections Act, the Constitution of the Federal Republic of Nigeria, the guidelines of the party adding that all party members were given the opportunity to vote and its agents (from Ojo) participated in the primary.
READ ALSO: Ekiti Governorate: In court, AP...What's Your Reaction?
