An Ondo High Court in Akure on Thursday set aside the suit challenging the candidature of Olugbenga Edema as the flag-bearer of the New Nigeria People’s Party (NNPP) for the November 16 governorship election in the state.
Delivering judgment, Justice Oluyemi Osadabay, held that the court lacked jurisdiction to entertain the suit filed by a factional candidate of the party, Michael Akintan, and his deputy, Kemi Fasua.
They are challenging the emergence of Edema as the candidate of the party. Edema, a former lawmaker, emerged as the candidate of the party on June 5, after the former candidate, Oluwatosin Ayeni stepped down for him. He chose Dr Rotimi Adeyemi as his running mate.
Ayeni was later made the official spokesperson of the candidate and the Director-General of the Ondo State NNPP Gubernatorial Campaign Council after his resignation as a candidate. However, in an originating summons filed by Akintan, Fasua, Dr Gilbert Agbo, and Comrade Oginni Olaposi, members of the party, questioned the emergence of Edema as the candidate of NNPP and his running mate.
In the suit, plaintiffs through their counsel, Monday Mawah sought the court’s judgment on whether, in light of Sections 77 (2) and 77(3) of the Electoral Act 2022, the party was required to submit the register of members to the Independent National Electoral Commission (INEC) no later than 30 days before the party’s primary. The primary held on April 26.
They also asked whether, based on section 77(3), the defendant, whose name did not appear in the submitted register of the party, could validly claim membership in the party as at the party’s primary date.
The claimants were seeking injunctive and declarative reliefs, including a perpetual injunction to restrain Edema from presenting himself as a member and the candidate of the NNPP in the state for the November 16 governorship election.
But the defendants, through their lawyer, Rotimi Olorunfemi, asked the court to dismiss or strike out the suit for constituting a gross abuse of the court process.
Olorunfemi said the suit was supposed to be filed at the Federal High Court, being a pre-election matter. He stated that the issue of jurisdiction was a matter that would go to the root and the competence of a court with adjudicatory power on a suit before it.
“Since the court has no jurisdiction, the case should be dismissed with cost against the claimants,” he said.
In her judgment, Justice Osadabay struck out the suit for lack of jurisdiction. She said since the case fell within the pre-election matter, it was only the Federal High Court that could decide to entertain the case. The judge awarded ₦100.000 against the claimants.
Reacting to the judgment, Edema said the judgment had led to rest the issue of whether he was a member or a candidate of NNPP.
“We knew a lot of people who are our adversaries were looking forward to dividing us.
“But thank God, apart from the judgment of this court, we have come together as a party to be one family.
“So, we are going to walk into this election as one family of NNPP.
"So, to the glory of God, the people of NNPP should rest assured that their candidate of NNPP is now on the ballot in the eye of the law and squarely.
“And come November 16, we will win with the support of the people of NNPP and God,” he added.
Similarly, Akintan said he was ready to accept Edema as the candidate of the party. He said the court had decided the candidate and he would abide by the decision. Edema was also the Chairman of the Ondo State Oil Producing Area Development Commission (OSOPADEC).