Monday, September 3, 2018
Advertisement

Oni ‘denies’ asking court to revoke Fayemi’s APC candidacy

Oni ‘denies’ asking court to revoke Fayemi’s APC candidacy
June 25
22:03 2018
Advertisement

Segun Oni, a governorship aspirant of the All Progressives Congress (APC) in Ekiti state, has denied filing a suit against the candidacy of Kayode Fayemi in the Ekiti governorship election, sources in his camp have told TheCable.

This is contrary to the story published by TheCable on Monday night that he has filed a suit at federal high court in Abuja to challenge the emergence of Fayemi, former minister of mines and steel, as the party’s flagbearer in the July 14 governorship poll.

The “originating summons” sent to TheCable have now been traced to “agents” of the Peoples Democratic Party (PDP) in Ekiti state, sources said.

The “agents” are accused of leaking the document when it had not been filed in court.

Fayemi, who polled a total of 941 votes at the primary which held on May 12, defeated Oni, his closest rival, by a margin of over 460 votes.

But Oni, in the “originating summons”, asked the court to determine if it was proper for his opponent to contest the primary without resigning as a member of the federal cabinet.

He also purportedly asked the court to determine if Fayemi’s action did not violate the Nigerian constitution and the guidelines of the ruling party primary.

The suit was purportedly filed on his behalf by Gani Faniyi, a lawyer.

“Whether by virtue of All Progressives Congress constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, the 1st Defendant being a serving member of the Federal Executive and Federal Minister of Solid Minerals, Mines and Steel Development having not resigned his appointment as a member of Federal Executive and Minister of Solid Mineral, Mines and Steel Development, at all or at least 30 days to the said primaries election of 12th May, 2018 was qualified to contest and participate in the said All Progressive Congress Governorship primaries of 12th May, 2018 as an aspirant in that election,” the document read.

“Whether by virtue of All Progressive Congress Constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, at Damilek Event Centre, Ado-Ekiti for the purpose of determining or nominating the 2nd Defendant candidate for the 12th July Ekiti State Governorship election, the 1st Defendant having being indicted by Rtd. Hon. Justice Oyewole Judicial Panel of Enquiry was qualified to contest and participate in the said All Progressives Congress Governorship primary of 12th May, 2018 as an aspirant in that election.”

Among the reliefs Oni was purportedly seeking are: “A declaration that the claimant (Oni) having scored 481 votes which is the majority of lawful and valid votes at the 2nd Defendant (APC) the 12th May, 2018 A.P.C Governorship primaries election for the purpose of determining the 2nd Defendant’s candidate for the 14th July 2018 election for the office of Governor Ekiti State is the person that was validly nominated by the 2nd Defendant for the 14th July, 2018 election for the office of Governor, Ekiti state.”

Fayemi resigned on May 30 and later appointed Opeyemi Bamidele, a governorship aspirant of the APC, as the director-general of his campaign.

THE ORIGINATING SUMMONS

IN THE FEDERAL HIGH COURT OF NIGERIA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA  BETWEEN ADEBAYO SEGUN ONI (CLAIMANT) AND JOHN KAYODE FAYEMI, ALL PROGRESSIVE CONGRESS, INDEPENDENT NATIONAL ELECTORAL COMMISSION (DEFENDANTS)

ORIGINATING SUMMONS

LET ALL THE defendants above named within 30 days after the service of this summon inclusive of the day of such service cause an appearance to be entered for them to this summons which is issued upon the application of the Plaintiffs who seek the following:

QUESTIONS FOR DETERMINATION

  1. Whether by virtue of All Progressives Congress Constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, the 1st Defendant being a serving member of the Federal Executive and Federal Minister of Solid Minerals, Mines and Steel Development having not resigned his appointment as a member of Federal Executive and Minister of Solid Mineral, Mines and Steel Development, at all or at least 30 days to the said primaries election of 12th May, 2018 was qualified to contest and participate in the said All Progressive Congress Governorship primaries of 12th May, 2018 as an aspirant in that election.
  1. Whether by virtue of All Progressive Congress Constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, at Damilek Event Centre, Ado-Ekiti for the purpose of determining or nominating the 2nd Defendant candidate for the 12th July Ekiti State Governorship election,the 1st Defendant having being indicted by Rtd.Hon. Justice Oyewole Judicial Panel of Enquiry was qualified to contest and participate in the said All Progressives Congress Governorship primary of 12th May, 2018 as an aspirant in that election.
  1. Whether on a community reading of the provisions of Articles 13.4 (V) of the APC 2014 Constitution (as amended), Articles 2 butte points (8), (10) and Article 12.1 (a) (b) (e) (f) the 1st defendant was eligible, qualified and competent to participate in the 2nd defendant primary elections conducted on 12th May, 2018 which threw up the 1st Defendant as the purported winner as the nominated candidate of the 2nd
  1. Whether it was right for the 2nddefendant to have returned the 1st defendant as the nominated candidate of the All Progressives Congress despite not having met all the mandatory requisite requirements necessary for 1st defendant qualification for such position.
  1. Was it regular, legal and valid for the 2nd defendant to conduct its gubernatorial primaries including the 1st defendant as a qualified aspirant amongst 32 others inspite of the numerous mandatory copious provisions of Articles 12.1 (a) (b) (e) and (f) and Article 13.4 (v) APC Guidelines for Nomination of Candidates for public office 2014 and APC Constitution 2014 (as amended) where 1st defendant was declared nominated by 2nd

RELIEFS SOUGHT

If the answers to the above questions are in the affirmative, then the Plaintiffs seek the following reliefs:

  1. A declaration that the 941 votes credited or recorded as votes cast for the 1st Defendant by the 2nd Defendant Election Committee headed by Al-Makuraat the 12th May, 2018 A.P.C Governorship primary election for the purpose of determining the 2ndDefendant’s candidate for the 14th July election for the office of Governor, Ekiti State are void invalid and wasted, the 1st Defendant having not met the minimum qualification to contest and or participate in the said primaries as an aspirant.
  2. A declaration that the claimant having scored 481 votes which is the majority of lawful and valid votes at the 2nd Defendant at the 12th May, 2018 A.P.C Governorship primaries election for the purpose of determining the 2nd Defendant’s candidate for the 14th July 2018 election for the office of Governor Ekiti State is the person that was validly nominated by the 2nd Defendant for the 14th July, 2018 election for the office of Governor, Ekiti State.
  3. An order of this directing the 2nd Defendant to forward the claimant’s name to the 3rd Defendant as her validly nominate candidate from the 2nd Defendant’s Governorship primaries election conducted to nominated 2nd Defendant candidate for the 14th July, 2018 election for the office of Governor, Ekiti State.
  4. AN ORDER of court directing the 3rd defendant to strikes out and or delete the name of the 1st defendant as the candidate presented to the 3rd defendant and replace plaintiffs name and or enter the name of the plaintiff as the duly nominated candidate of the 2nd defendant All Progressives Congress.
  5. An Order of perpetual injunction restraining the 1st defendant from parading himself or holding himself out in any manner or guise whatsoever as the nominated gubernatorial candidate of the 2nd defendant All Progressives Congress for the Ekiti State Governorship Election slated for 14th July, 2018 by the defendant.
  6. An Order of perpetual injunction restraining the 2nd defendant from associating with, dealing or recognizing the 1st Defendant as her Governorship candidate for the impending Governorship election scheduled for 14th July, 2018.
  7. An Order of perpetual injunction restraining the 3rd defendant from continuing to deal with or otherwise recognize 1st defendant for the Ekiti State Governorship Election, 2018.
  8. An Order of Court REVERSING whatever privileges and position that might accrue to or the benefit of the 1st defendant arising from or consequential thereto from the invalid primary and conferring same on the plaintiff in any manner whatsoever.

Dated this 21stDay of June, 2018                                                        

 

 

—————————————–

Gani Faniyi Esq.

Suleiman OlatunjiYahaya, Esq.

Claimant’s Counsel,

OLORIAJE & CO.

2nd Floor, Theodak House,

Opposite National Hospital,

Central Business District,

Abuja.

08036486185

This Summons was taken out by Suleiman OlatunjiYahaya of A.O. OLORIAJE & CO., 2nd Floor, Theodak House, Opposite National Hospital, Central Business District, Abuja, on behalf of the above named Plaintiffs.

NOTE:

  1. The defendants may appear by entering appearance personally or by a legal practitioner either by handing in the appropriate form duly completed at the Federal High Court Registry or by sending them to that office by post.
  2. If the defendants do not enter appearance within the time and at the place above mentioned such order will be made and proceedings may be taken as the Judge may think just and expedient.

Dated this 21stDay of June, 2018

…………………………….…………

JUDGE/REGISTRAR

FOR SERVICE ON:

1st DEFENDANT

Isan Ekiti, Ekiti Stateor

C/o Ekiti State APC Secretariat,

Ajilosun, Ado-Ekiti.

2nd DEFENDANT

All Progressives Congress

APC National Secretariat,

No. 40, Blantrye Street,

Wuse II,

Abuja, FCT.

3rd DEFENDANT

National Independent Electoral Commission,

National Headquarters,

Abuja.

IN THE FEDERAL HIGH COURT OF NIGERIA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA

SUIT NO:……………………………………….

BETWEEN

ADEBAYO SEGUN ONI ……………………………….………            CLAIMANT

AND 

JOHN KAYODE FAYEMI, ALL PROGRESSIVE CONGRESS, INDEPENDENT ELECTORAL COMMISSION (DEFENDANTS)

AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS

I SAMUEL ADAMU, Male, Christian, Adult, Litigation Clerk of A.O. OLORIAJE & CO., 2nd Floor, Theodak House, Opposite National Hospital, Central Business District, Abuja, and a Nigeria citizen do hereby solemnly swear and make oath as follows:

  1. That I am the deponent therein and I have the consent of the Claimant and that of my employer to depose to this affidavit.
  2. That I am a Litigation Secretary in the Law firm of A. O. Oloriaje& Co., the Solicitor to the Claimant.
  3. That I know as fact that the Claimant participated in the subject matter of dispute in this suit as an aspirant.
  4. That from the above, I am conversant with the facts and circumstances of this matter.
  5. That unless otherwise stated, all depositions herein are within my knowledge or as told to me by the Plaintiff.
  6. That I was informed by the Plaintiff in our law firm of the above mentioned address at about 12:00noon on the 7th day of June, 2018 which I verily believe as follows:
  7. Thatthe subject matter of dispute in this is the APC primary election organized to select/nominate the party’s A.P.C candidate for the Ekiti StateGovernorship election fixed for 14th July, 2018.
  8. That the Claimant is a member of 2nd Defendant having participated in the formation of the party in 2014. His membership card having been shown to me is hereby annexedExhibit ‘’A’’.
  9. That the 2nd Defendant is a registered political party in Nigeria under the relevant law and supervision of the 3rd
  10. That the 3rd Defendant is a creation of the law and is responsible for registering political parties, supervising/monitoring political parties congresses, convention, primaries, organizing and conducting elections into state Houses of Assembly, National Assembly, Governorship offices and office of the president of Nigeria.
  11. That pursuant to the above paragraph, the 2nd Defendant registered it Constitution and 2014 guidelines for the Nomination of candidates for public office.
  12. That pursuant to paragraph11 above, the 3rd Defendantmonitored and supervised the primaries election conducted by the 2nd Defendant on 12thMay, 2018 for the purpose of nominating the 2nd Defendant’s candidate for the 14th July, 2018Ekiti Governorship Election.
  13. That the 2ndDefendant pursuant to the statute regulating the conduct of political parties and election, gives and enacts for itself, a Constitution and 2014 Guidelines for the Nomination of Candidates for Public Office. The saidConstitution and Guidelines, which were shown to me, are hereby attached to this Affidavit as Exhibits B and C
  14. That the 1st Defendant is a member of the 2nd Defendant and at all materialtimes immediately prior to and during the conduct of the 2nd Defendant primary election of 5th and 12th May, 2018 conducted for the nomination of 2nd Defendant’s candidate for the 14th July, 2018Ekiti State Governorship Election was a public officer, being a Federal Minister supervising the Ministry of Solid Minerals, Mines and Steel Development.
  15. That the 1st Defendant was also the Governor of Ekiti State between 2010 – 2014.
  16. That the 1stDefendant, after serving as Governor of Ekiti State and after handing over to his successor dully, was accused of financialimpropriety and embezzlement of public funds by the Ekiti State Government under the leadership of Dr. Peter AyodeleFayose.
  17. That pursuant to paragraph 13 above, the Ekiti State Government set up a Judicial Commission of Inquiry pursuant to commission of inquiry Law Cap C10, Laws of Ekiti State 2012 headed by a retired Chief Judge of Ekiti State Hon. Justice Silas BamideleOyewole.
  18. That the said Justice Silas BamideleOyewole Commission of Inquiry after its sittings, deliberations and consideration of issues and evidence before it, found the 1st Defendant guilty of embezzlement/misapplication of public found, indicted him and banned him, the 1st Defendant from occupying any public office for 10 years, apart from recommending the 1st Defendant for criminal prosecution.
  19. That the findings/recommendations of the said Justice Silas BamideleOyewole Commission of Inquiry were accepted by Ekiti State Government and gazetted 15th January, 2018 in Ekiti State of Nigeria official gazette no 2 Vol. 1. The said official gazette, white paper is hereby annexed to this Affidavit as Exhibit D.
  20. That about 33 members of 2nd Defendant in EkitiState includingthe Claimant obtained Party’s Nomination form and participated in the 2nd Defendant 12th May, 2018 organized primaries election for the selection/nomination of 2ndDefendant candidate for the 14th July, 2018Ekiti State Governorship Election as aspirants. A copy of Claimant’s nomination form filed and submitted to the 2nd Defendant is hereby attached as Exhibit E.
  21. That the said primaries election was originally fixed and held on 5th May, 2018 atOlukayodeOluyemi Stadium, Ado Ekiti, Ekiti State but was disrupted midway and was postponed and finally held at Damilek Event Centre, Ado Ekiti on 12th May,2018 under the supervision and watch of His Excellency Governor Umar Al-Makuraof Nassarawa State.
  22. That pursuant to paragraphs 17 and 18 above, after the events at conclusion of the said 2nd Defendant organized primaries election of 12th May, 2018, the 1st Defendant was declared and returned as the winner of the said primaries with the following result as votes credited to the Claimant and other aspirants;
S/NNAMES OF ASPIRANTSSCORESPERCENTAGE
1ABIODUN AMUDIPE FADEKE00
2ADEBOMI EBENEZER SUNDAY E10.043066322
3ADESUA BARNABAS OLADIRAN40.172265289
4ADEYANJI SUNDAY BODUNDE30.129198966
5AJAYI ADEBOWALE OLURANTI10.043066322
6AKERELE OLUYINKA G.110.473729543
7ALABI KOLAWOLE OLADIPUPO140.60292851
8ALOBA ADEBISI WATSON70.301464255
9ALUKO DANIEL OLUGBENGA863.703703704
10ARISE AYODELE20.086132644
11BAMIDELE MICHAEL OPEYEMI80.344530577
12BAMISILE RICHARD OLUFEMI1797.708871662
13COKER OLUMUYIWA20.086132644
14DARAMOLA OLUWAFEMI ABIMBOLA281.20585702
15ELEDUMARE OGUNKOYAE OLADIPO A10.043066322
16ESAN ADEKUNLE PATRICK00
17FAPARUSI BAMIDELE230.990525409
18FATOBA JOSEPH SESAN431.851851852
19FAYEMI JOHN KAYODE94140.52540913
20KOLADE VICTOR OLUMUYIWA160.689061154
21MATESUN ELEZABETH TAYE10.043066322
22OJUDU BABAFEMI100.430663221
23OKEYA DELE130.559862188
24AJAYI OLATUNJIOLOWO20.086132644
25OLOFINLUYI OLATUNJIU TOSIN140.60292851
26KAYODE OLUBUNMI OJO28112.10163652
27OLULEYE OLUWOLE BAMIDELE60.258397933
28OLUMILUA OLUMUYIWA M.20.086132644
29OLUYEDE OLUWAMAYOKUN OLUWOLE1215.211024978
30ONI SEGUN48120.71490095
31ORIRE ANDREW ADEBAYO30.129198966
32OWOLABI MAKANJUOLA A.50.215331611
33YAYA KOLADE CHRISTIANA40.172265289
INVALID11
  2313 

 

  1. That prior to and immediately before the said primary election, the Claimant was a National officer and a member of National Working Committee of the 2nd Defendant as the Deputy National Chairman.
  2. Thatthe Claimant resigned from the said office/position 30 days before 5th May, 2018 in obedience and compliance to the 2nd Defendant 2014 constitution as amended and 2014 Guidelines for the Nomination of candidates for public office.
  3. That I was also told in the manner above stated that another aspirant who resigned from his office/position as Special Adviser to the presidenton Political Matter for him to be eligible to participatein the 2nd Defendant 5th and 12th May, 2018organized primary election was Senator BabafemiOjudu.
  4. That as a matter of fact the 2nd Defendant 5th and 12th May, 2018 organizedPrimary Election for the purpose of nominating candidate for the 14th July, 2014 Ekiti State Governorship election was conducted in line with the 2ndDefendant 2014Constitution as amended and 2014 Guidelines for the Nomination of candidate for public office.
  5. That compliance with the said 2nd Defendant’s party Constitution and Guidelines makes it mandatory for any member of the 2nd Defendant holding public office to resign from such public office or party office to be eligible to participate in the 2nd Defendant organized primary election as aspirant for the purpose of nominating a candidate for public office Ekiti State.
  6. That the 1st Defendant who was a public officer as a Federal Minister did not resign from his position as a servingfederal Minister 30 days to 5th May, 2018 when the 2nd Defendant primary election for the nomination of candidate for 14th July, 2018Ekiti State Governorshipelection was originally fixed for 5th and or 12th May, 2018 when the said primary election was eventually held and 1st Defendant was purportedly declared and returned as the 2nd Defendant’s candidate for the said 14th July, 2018Ekiti State Governorship election.
  7. That the Claimant and most aspirants in that primary election honestly thought and believed that the 1st Defendant had resigned from his office as Federal Minister at least 30 days before 5th May, 2018 and or 12th May, 2018.
  8. That the first admission that the 1st Defendant did not resign from his public office as a serving Federal Minister prior to and in fact participated in the said primary election as a serving Federal Minister came from the 1st Defendant himself while featuring on National Television, Channel, there and then he said he had not resigned two weeks after the primary election of 12th May, 2018 that produced him as a candidate for the 14th July, 2018Ekiti State Governorship election
  9. That pursuant to paragraph 26 above, the 1st Defendant immediately after the primary of 12th May, 2018 was in office in office as Federal Ministerand only resigned after he participated in Federal Executive Councilmeeting of 1st June, 2018 at a well-publicized ceremony. Some of the national daily newspaper that publicized the 1st Defendant resignation from office after taking part in FEC meeting of 1st June, 2018are hereby attached as Exhibit F.
  10. That the Claimant from the result of the primaries election of 12th May, 2018organized by the 2nd Defendant for the purpose of nominating her candidate for the 14th July, 2018EkitiGovernorship Election, informed me and I verily believe him that he is the person with the 2nd highest valid voted at the said primary election.
  11. That the 1st Defendant participated in the 2ndDefendant primary election of 12th May, 2018 as aspirant notwithstanding the provisions of the 2nd Defendant 2014 constitution and 2014 Guidelines for the Nomination of candidate for public office.
  12. That the 2nd defendant had forwarded the name of the 1st Defendant to the 3rd Defendant as her candidate for the 14th July, 2018Ekiti State Governorship election.
  13. Thatthe Claimant came second to the 1st Defendant with the 2nd highest votes lawfully cast which is481 votes.
  14. That the Claimant’s name ought to have been forwarded by the 2nd Defendant to the 3rd Defendantas her candidate as aspirant with the highest lawful votes cast at the 12th May, 2018 2nd Defendant organized primary in view of the 1st Defendant failure to meet the minimum requirement for eligibility to participate in the said primaries.
  15. That I swear to this affidavit solemnly and conscientiously believing its content to be true and correct and in accordance with the Oath law.

……………………

DEPONENT

Sworn to at the Federal High Court Registry,

Abuja, this…………… day of…….……………………, 2018.

BEFORE ME

 

……………………..…………………………..

COMMISSIONER FOR OATHS

 

IN THE FEDERAL HIGH COURT OF NIGERIA

IN ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

 

SUIT NO:……………………………………………….

BETWEEN

 

ADEBAYO SEGUN ONI ……………………………….………            CLAIMANT

 

AND 

JOHN KAYODE FAYEMI

ALL PROGRESSIVE CONGRESS                               DEFENDANTS

INDEPENDENT ELECTORAL COMMISSION

 

 

WRITTEN ADDRESS IN SUPPORT THE ORIGINATING SUMMONS

 

  • INTRODUCTION

 

  • The claimant and the 1st Defendant both belong to the 2nd Defendant and participated as aspirants in the 2nd Defendant’s organized primary election of 5th and 12th May, 2018 for nomination as 2nd Defendant candidate for the 14th July, 2018Ekiti State Governorship Election. The primary election was conducted strictly under the 2nd Defendant 2014Constitution as amended and 2014 Guidelines for the Nomination of candidate for Public Office.

 

  • The contention of the claimant is that, the 2nd Defendant’s activities includingprimary electionsbefore her candidate emerges and presented to the 3rd Defendant are regulated and guided strictly by the Constitution and Guidelines of the party and violation of any provisions of the constitution and or Guidelinesparticularly on the minimum requirements on eligibility of a member of the 2nd Defendant to participate as an aspirant in the primary election conducted by the 2nd Defendant is fatal to the votes credited to such disqualified aspirant.

 

  • FACTS COGNISABLE TO THE ISSUES THROWN UP IN THIS SUIT

 

  1. The claimant and the 1stDefendant are members of the 2nd Defendant

 

  1. The claimant and the 1stDefendant, both signified their intention to contest for the nomination of the 2nd Defendant as the 2nd Defendant’s candidatein the In the 14th July, 2018 Ekiti State Governorship Election.

 

iii.     Pursuant to their intention they both obtained nomination form for fees from the 2nd Defendant.

 

  1. The claimant and the 1st Defendant participated as aspirants in the primary election organized by the 2nd defendant to nominate her candidate for the 14th July, 2018 Ekiti State Governorship Election to be conducted by the 3rd Defendant.

 

  1. The said primary election was conducted in strict compliance with the 2ndConstitution and particularly the 2014 Guidelines for the Nomination of candidate for Public Office, issued by the 2nd Defendant.

 

  1. By the provision of the 2ndConstitution and particularly the 2nd Defendant 2014 Guidelines for the Nomination of Candidate for Public Office which regulated the 12th May, 2018 primary election wherein the claimant and 1st defendant participated, a member of the 2nd Defendant holding a public or party office must have resigned from such office at least 30 days to the primary election.

 

vii.    The 1st defendant who participated in the primary election of 12th May, 2018 admitted he did not resign from his office as Federal Minister.

viii.   It is a public knowledge that the 1st Defendant was indicted for public embezzlement of public funds by a Judicial Commission of Inquiry and the said indictment was accepted and gazetted by the Ekiti State Government.

2.00  LEGAL ARGUMENT

2.01  The right of a political party to sponsor or nominate its candidate is no longer absolute or exercisable at whims and caprices of the political party. The best and international practices are for the party to operate and be guided by its own set Constitution and set Guidelines issued by the same party in the nomination process.

2.02  A political party either registered as so from the beginning or emerged as a product of merger of other political parties like 2nd defendant is obliged to give to itself a constitution and Guidelines that will guide and regulate its affairs and activities. The obligation is statutory. By section 84 (3) (b) of Electoral Act (2010) as amended, such constitution amongst other items must be registered with the 3rd Defendant.

2.03  In determining any disputes arising from the conduct of a party’s primary election particularly the eligibility or qualification of a member of a political party to contest in primary election organized by the party, the ground norm that will be called in is the party Constitution and the Guidelines issued by the party for the regulation and guidance of that primary election. In Zaranda V. Tilde (2008) 10 NWLR (PT 1094) Page 184 @ 206 the court of Appeal relying on RIMI V INEC &Anor (2005) 6 NWLR (PT 920) 56 held;

“But let it be understood from the outset that nomination of candidate for various party elective office for the purpose of an election are purely governed as of now in this country, by the rules governing preliminaries to election. Such preliminary rules are those which determine intra-party resolution and nominations to elective offices. Thus, they, postulate the relationship between the political party in question, its members and the electoral body.”

Underlined for emphasis

2.04  The rules which must purely and strictly govern eligibility to participate, conduct and processes of nominating a candidate are the set of Guidelines issued by a political party pursuant to and in conformingly with the said party’s Constitution and Electoral Act. That party’s primary election must be strictly conducted in compliance with the party Guidelines had been given statutory flesh and flavor to the extent that a violation of any party extant guidelines in the conduct and participation in a party’s primary election must have legal consequences. Section 87 (9) of the Electoral Act 2010 as amended provided thus:

“Notwithstanding the provision of this Act or rules of a Political Party aspirant who complains that any of the provisions of this Act and the Guidelines of a political party has not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court of a State or FCT for redress.”

2.05  Submit that the import of 87 (9) of the Electoral Act 2010 as amended, which came into being after 2002 Electoral Act is to make sure that the court apply the necessary legal consequence to the breach of any provision of a party Guidelines on qualification of members to participate in the primary election, conductand the result of the primary election itself. In Ogah v Ikpeazu& 3ors (2017) 5-6 S.C (PT 1) Pg 51 per Onnoghen C.J.N held;

“By the operation of section 87 (9) of the Electoral Act 2010 as amended, any aspirant in a primary election of a political party who feels aggrieved by the conduct and result of the election has the right to approach the court for redress…… provided that he institutes his action before the conduct of the general election or election for which the primary was to nominate a candidate”.

2.06  The essence of introducing provisions of S. 87 (9) into our law is to cloth the court with coercive power and jurisdiction of holding a political party bound by every provisions in its constitution and Guidelines issued by it to guideits members on one hand and regulates the conduct of its primary election. A political party is duly bound to obey strictly every provision in its constitution and Guidelines. In Shinkafi v Vari (2016) 7 NWLR 1511 page 340 @375 para. D-E per Okoro J.S.C held;

“However, it is now trite that where a political party conducts its primary and a dissatisfied contestant at the primary election complains about its conduct of the primaries, the court have jurisdiction by virtue of the provision of section 87 (9) of the Electoral Act 2010 as amended to examine if the conduct of the primary was in accordance with the party’s Constitution and Guidelines. The reason is that in the conduct of its primaries, the court will never allow a political party to act arbitrarily or as it likes. A political party must obey its constitution”.

Underlined for Emphasis

2.07  In compliance with Electoral Act, the 2nd Defendant gave to itself a Constitution and registered it with the 3rd Defendant. That is Exhibit B. Exhibit Bin Article 13.4 (v) provides thus in relation to the power of the National Working Committee of the 2nd Defendant:

“Propose to the National Executive Committee, party electoral regulations, to govern the conduct of election to all party offices at every level and to govern the procedure for selecting party candidates for elective offices, subject to the provisions of this Constitution”.

2.08  Pursuant to the above, the 2nd Defendant through its constitutionally created organs issued its 2014 Guidelines for the Nomination of Candidates for Public Office Exhibit C. This is the extant Guidelines that governed the 2ndDefendant 14th May, 2018 Ekiti State Governorship Election. Exhibit C in law governs purely and strictly the minimum qualification a member of the party seeking to contest as an aspirant in any primary election like the one under reference must possess. The provisions of this guidelines strictly and purely govern eligibility/qualification to participate in the said primary election and as well as the conduct of the primary election.

2.09  To make sure that a member of the 2nd Defendant seeking to participate in its primary election as an aspirant meets the minimum qualification or pass the test of eligibility to contest as aspirant in its primary election, such member after obtaining a nomination form and payment of nomination fees must subject himself to a screening exercise conducted by the 2nd Defendant before participating in the primary election itself. Such screening is conducted strictly and purely on the provisions of the party’s constitution and Guidelines.

 

2.10  By provisions of paragraph 2 of the 2nd defendant’s Guidelines under reference, any aspirant seeking public office on the platform of the party shall not have;

  1. ………………………………………
  2. ………………………………………
  • ………………………………………
  1. ………………………………………
  2. Remained as an employee of the public service within 30 days preceding the date of an election.

 

  1. Be a member if secret society and

 

  • Been convicted for embezzlement or fraud by a Judicial Commission of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act or any other Law by the Federal or State Government which conviction has been accepted by the Federal or State Government.

 

2.11   In the instant case and from the affidavit evidence, the 1st defendant was one of the Federal Ministers appointed by the president of the Federal Republic of Nigeria. Sometimes in 2015 and remained in office, and in fact participated as aspirant in the 2nd Defendant organized primary election of 12th May, 2018 for the purpose of selecting the 2nd defendant candidate for 14th July, 2018 Ekiti State Governorship Election while still in his employment or office as Federal Minister, in flagrant disobedience to the 2nd defendant2014 Guidelines for the Nomination of Candidate for Public Office.

 

2.12  No doubt, the 1st Defendant at all times material to the primary election under reference was a public officer, remained in public office and contested while in public as aspirant in the primary election, the subject matter of this suit. By his appointment as a Federal Minister, 1st Defendant is a member of Federal Executive Council.The appointment of a Federal Minister into employment of the Government of the Federation is governed by the S.147 of the Constitution of the Federal Republic of Nigeria 1999 as amended. The 1st Defendant was screened and had his appointment confirmed by the National Assembly. From the above, the 1st Defendant is in law and in fact a person in the employment of public service.

2.13  By the express provisions of the 2014 Guidelines for the Nomination of candidates for public office, Article 2, paragraph v thereof, the fact of 1st Defendant participating as an aspirant in the primary election of 12th May, 2018, organized by the 2nd Defendant for the selection of 2nd Defendant’s candidate for 14thJuly, 2018 Ekiti State GovernorshipElection while he was still in the service of the Federation as a public officer is a clear violation of Article 2 paragraph5 of the said 2nd Defendant Guidelines. The 1st Defendant’s refusal or failure to leave or resign from his office as a Federal Minister disqualified him from participating as an aspirant in the said 12th May, 2018 2nd Defendantorganized primary election for failure to meet minimum requirement that would have made him eligible to participate in the said primary election as expressly provided for in the 2nd Defendant Guidelines governing the eligibility of members of the 2nd Defendant, including the claimant and the 1st Defendant to participate in the primary election and the conduct of the said primary election.

2.14  Apart from the established fact of non-resignation of the 1st Defendant from his office as Federal Minister before participating in the primary election in dispute, the 1st Defendant indictment for fraud and embezzlement of public fund by a Judicial Commission of Inquiry Law Cap to C10, Laws of Ekiti State 2012 and which said indictment was accepted by the Government of Ekiti State as evidence in Exhibit D also rendered the 1st Defendant ineligible to participate in the primary election under consideration.

2.15  By the express provisions of 2014 constitution of 2nd Defendant and the Guidelines issued by the same party for the nomination of its candidate, Article 2 paragraph 6 thereof a member of the 2nd Defendant who is indicted by a Judicial Commission of Inquiry and which said indictment has been accepted by State or Federal Government is not eligible to participate in any primary election including the primary election of 12th May, 2018 organized by the 2nd Defendant and therefore not by the party Constitution and Guidelines qualified to participate in the primary election of 12thMay, 2018 under reference.

2.16  Submit that in selecting/nominating candidatesfor public office and election, a political party must strictly adhere to the provisions of its constitution and guidelines specially issued for guidance for the nomination processes. In Emeka v Okadigbo (2012) 18 NWLR (Pt 1331) pg 53 @ 105paras. D-G Adekeye J.S.C (as he then was) held;“It is stipulated in the Party Constitution and the relevant party guidelines that any primary shall be conducted by the National Executive Committee of the PeoplesDemocratic Party with the officials of Independent National Electoral Commission in attendance. The foregoing must be strictly adhered to in the nomination of a candidate. Any candidate who emerged in compliance with this procedure shall be deemed to be the only authentic nominees of the party. In this appeal, the only choose of the PeoplesDemocratic Party in the primaries conducted in the regular manner by the National Executive Committee on the 8th of January 2011 was the 1st respondent Lady MargeryOkadigbo.”

Underlined for emphasis

2.17  The Legal consequence of the 1st Defendant failure to meet the minimum requirement of resigning from Public Office before participating in the 12thMay. 2018 2nd Defendant organized primary election and the fact of his indictment by judicial commission of inquiry is that his participation in the said primary election is invalid, null and void and any votes credited to him will be treated as invalid and wasted.

2.18  Submit that in the peculiar circumstances of the 2nd defendant 2014 Guidelines which strictly governed and regulated the eligibility to participate as aspirant in the primary election organized by the 2nd defendantorganized primary election and the conduct of the primary itself, the sanction/consequence of noncompliance with anyprovision of the Guidelines in question had been expressly provided. According to the Guidelines;“violation of any of these Guidelines shall attract automatic disqualification”.The court is duty-bound tointerpret the provisions of the said guidelines and strictly apply them. The court is also obliged to ensure that the 2nd defendant obey the provisions of the Guidelines strictly.

2.19  From the scores of the Claimant and the other various aspirants who participated in the primary election under consideration, the claimant scored the 2nd highest lawfulvotes. The law is settled that where an aspirant or candidate in either a primary election or general election is declared ineligible or suffered any form of disqualification form participating in the election where he is purportedly declared and returned as a winner on a number of votes credited to him, the votes credited to the disqualified aspirant or candidate are regarded and treated as wasted votes and the aspirant or candidate with the 2nd highest votes is declared and returned as winner instead.

3.00  CONCLUSION

Finally, Your Lordship is urged to find in favour of the Claimant by holding that the 1st Defendant was not lawfully/validly nominated and did not therefore score majority of valid votes cast at the 2nd Defendant organized Primary Election of 12th May, 2018 are wasted votes that should not be reckoned with in the computation of valid votes cast at the said Primary Election in line with EJIOGU vs. IRONA (2009) 4 NWLR (Pt. 1132) 513 @ 560 – 561. The consequence of which is that the Claimant is the winner of the Primary Election and should be declared as such.

Dated this 21stDay of June, 2018

——————————–

GaniFaniyi Esq.

Suleiman OlatunjiYahaya, Esq.

Claimant’s Counsel,

  1. OLORIAJE & CO.

2nd Floor, Theodak House,

Opposite National Hospital,

Central Business District,

Abuja.

08036486185

 

FOR SERVICE ON:

 

  1. 1st DEFENDANT

      IsanEkiti, Ekiti State or

C/o Ekiti State APC Secretariat,

Ajilosun, Ado-Ekiti.

 

  1. 2nd DEFENDANT

All Progressives Congress

APC National Secretariat,

No. 40, Blantrye Street,

Wuse II,

Abuja, FCT.

 

  1. 3rdDEFENDANT

National Independent Electoral Commission,

National Headquarters,

Abuja.

 

RECEIVE ALERTS FROM THECABLE

BBM CHANNEL C0038F78B
WHATSAPP 08113975334
TWITTER @thecableng
Copyright 2018 TheCable. All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express written permission from TheCable.
Advertisement

Social Comments

0 Comments

No Comments Yet!

Let me tell You a sad story ! There are no comments yet, but You can be first one to comment this article.

Write a comment

Write a Comment

Your email address will not be published.
Required fields are marked *

*

 
Advertisement

Advertisement
Advertisement
 

Exchange Rates

August 30, 2018USDGBPEUR
INTERBANK360.45480.18420.32
LAGOS360485425
KANO361483423
PH362482423
ABUJA362481423
NOTE: The black market rates represent the most prevalent. They could be slightly higher or lower among different sellers.
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement