On Tuesday, a Federal High Court in Abuja issued an order directing Ondo State Governor Lucky Aiyedatiwa, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC) to submit their defense in a lawsuit aimed at invalidating Aiyedatiwa’s candidacy in the upcoming gubernatorial election in the state, scheduled for November.
Senator Jimoh Ibrahim, representing Ondo South, initiated the legal action to challenge Aiyedatiwa’s victory in the APC governorship primary election held in Ondo state on April 20.
Ibrahim petitioned the court to declare that Aiyedatiwa’s candidacy for the party was invalid due to non-compliance with the provisions of the Electoral Act, 2022.
As a participant and governorship aspirant in the primary election, Ibrahim requested the Court to remove the APC and Aiyedatiwa from the list of political parties and candidates eligible to participate in the gubernatorial election.
He insisted that the party did not comply with its regulations and guidelines in the conduct of the poll.
The plaintiff’s counsel, Chris Uche, (SAN), told the court that he received a memorandum of conditional appearance from APC and INEC’s lawyer but was yet to receive any application from Aiyedatiwa.
He further told the court that the defendants were yet to file their defense.
APC’s lead counsel, Tayo Oyetibo, told the court that they had written a letter to the Chief Judge of the Federal High Court, requesting for transfer of the case from Abuja to Ondo State.
He said he couldn’t understand why the suit was filed in Abuja instead of Ondo state.
Oyetibo added that his client had forwarded the said letter to the Chief Judge, Justice Terhemba Tsoho, but was yet to get a response.
The presiding judge, Justice Inyang Ekwo, responded that he has no letter of such before him and cannot act on what is not before the court.
Justice Ekwo held that the defendants in the suit must file their respective defence within the days allowed by law since the suit is time-bound.
Mentioned as defendants in the suit marked FHC/ABJ/CS/588/2024, are APC, Aiyedatiwa, and INEC as 1st to 3rd defendants respectively.
He proceeded to order that “with or without the letter before him, the defendants must respond to the issues raised by the plaintiff”.
Aiyedatiwa’s lawyer, Bode Olanipekun (SAN), said though they were served on May 9, they were still within time to respond.
INEC’s lawyer, Charles Edosanwan, who said he was still within time to file his response, acknowledged that he is aware of APC’s letter requesting the transfer of the matter.
APC in a letter by Matthew Bukkar (SAN), dated May 12, but received in the office of the Chief Judge, on May 13, 2024, claimed that the primary election being challenged was conducted in Akure, the Ondo State capital.
It explained that it has a functional office in Akure with State Working Committee on the ground and that the electoral body also has an office in Akure.
APC said Governor Lucky Aiyedatiwa whose candidacy was being challenged is a resident of Akure.
The party therefore said that the Akure division of the Federal High Court is the appropriate and convenient place for the case to be determined.
After listening to all parties in the suit, Justice Ekwo adjourned till May 29 for mention.
