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Barely two weeks to the Ondo state governorship election, the participation of the candidate of the New Nigeria Peoples Party (NNPP), Gbenga Edema, in the forthcoming governorship election in the state remains uncertain, as the court has yet to decide the party’s legitimate candidate.
This follows an originating summons filed by Engr. Akintan Michael, Mrs Kemi Fasua, the NNPP, Dr Gilbert Major Agbo, and Comrade Oginni Olaposi against the NNPP candidate, Edema, dated August 12, 2024.
The people are seeking the court’s judgement on two main issues, which include whether, in light of sections 77(2) and 77(3) of the Electoral Act 2022, the third plaintiff is required to submit the Register of Members to the Independent National Electoral Commission (INEC) no later than 30 days before the party’s primary, held on April 26, 2024.
Secondly, they are also seeking the interpretation of Section 77(3) to know if the defendant, whose name does not appear in the submitted register of the third plaintiff, can validly claim membership in the party as of the primary date.
The claimants are also seeking injunctive and declarative reliefs, including a perpetual injunction to restrain the defendant from presenting himself as a member or candidate of the NNPP in Ondo State for the upcoming election.
At the State High Court in Akure, Justice Oluyemi Akintan Osadabay heard the arguments of both parties’ counsel and adjourned the case to November 7, 2024, for a ruling on the matter.
Counsel to the claimants, Monday O. Mawah, acknowledged that certain documents were not initially attached to the originating summons but had been submitted through an affidavit now.
In response to the preliminary objection raised by the defence counsel, Mr Rotimi Olorunfemi, the plaintiffs filed additional affidavits and requested that the court consider all applications collectively.
Olorunfemi argued that the court lacks jurisdiction over the matter, asserting that this is a pre-election issue, which the plaintiffs failed to substantiate with appropriate authority. He also argued that necessary parties were not properly before the court.
But while countering Olorunfemi, Mawah cited Section 285 of the Nigerian Constitution, which clarifies provisions for pre-election matters, arguing that the matter is procedural and within the court’s jurisdiction.
He asserted and explained that the state high courts now share concurrent jurisdiction over pre-election matters.
Furthermore, he argued that the determination of a party’s membership status involves presenting a membership card and register, neither of which the defendant could provide.
According to him, Edema participated in the All Progressives Congress (APC) governorship primary held on April 20, 2024, which resulted in the nomination of the incumbent governor, Lucky Aiyedatiwa, as the party’s candidate.
Aiyedatiwa secured the nomination with a resounding victory, amassing 48,569 votes. His closest contender, Mayowa Akinfolarin, trailed with 15,343 votes, while Chief Olusola Oke came in third with 14,865 votes.
But said Edema dumped APC some few weeks after, emerging as the governorship candidate of the NNPP, despite the party nominating Engr. Akintan Michael and Mrs Kemi Fasua as its governorship and deputy governorship candidates, respectively, earlier.
Edema lawyer, however, lamented his client’s inability to move around to campaign even when the 16th November set for the election was less than 16 days away.
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