The suit challenging the emergence of Ondo State Governor-elect, Olurotimi Akeredolu as the All Progressives Congress candidate candidate for the just-concluded governorship election in Ondo State was yesterday, December 16 upheld by a Federal High Court in Abuja.
Justice Nnamdi Dimgba, in a ruling, dismissed the notice of preliminary objection challenging the competence of the suit which was filed by Akeredolu’s co-aspirant in the APC’s primary, Olusegun Abraham.
The judge dismissed Akeredolu’s objection anchored on the ground that he was not properly served with the court processes.
The judge said the argument was without merit.
Akeredolu, had in a notice of objection, challenged the competence of court’s order granting leave to the plaintiff, O. Abraham, for the service of court processes on him (Akeredolu) through the national headquarters of the APC in Abuja.
Justice Dimgba, after dismissing Akeredolu’s objection on Friday, adjourned till February 2, 2017 for the hearing of the substantive suit.
The suit marked FHC/ABJ/CS/788/2016 was filed by Abraham through his lawyer, Prof. Yemi Akinseye-George (SAN).
The plaintiff’s suit is, among others, challenging the competence of the last APC’s governorship primary election in Ondo State held on September 3 this year.
The plaintiff, who raised eight questions for determination, is praying the court to among others, declare that the primary was held in violation of provisions of the APC’s Electoral Guidelines for Governorship primary election 2014.
He said the primary also flouted the party’s constitution and was therefore invalid and incapable of validly producing Akeredolu as a candidate.
He also seeks an order setting aside the primary for alleged non-compliance with the provisions of the party’s primary election guidelines and constitution.
Abraham, who emerged second in the primary, equally asked the court to set aside the purported submission of Akeredolu’s name to INEC by Odigie-Oyegun and the electoral body’s acceptance of the name as the APC’s candidate for the forthcoming governorship election.
He also sought an order compelling INEC to extend time within which the APC could conduct a fresh primary based “on the congress and congress appeal committee’s delegates’ list 2014 and in compliance with the provisions of the Electoral Act, the constitution of the APC, the party’s electoral guidelines 2014 and the Constitution of Nigeria.
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