Ondo 2024: Court dismisses suit seeking to disqualify NNPP candidate

The judge said since the case falls within the pre-election matter, it was only the Federal High Court that could decide to entertain it.

An Ondo State High Court in Akure has dismissed a suit filed by some members of the New Nigeria Peoples Party(NNPP) seeking to nullify the candidature of Olugbenga Edema as the governorship flagbearer of party in the forthcoming governorship election.

The court in its ruling on Thursday said it lacked justification to hear the matter.

Oluwatosim Ayeni, and his running mate, Kemi Fasua, were first nominated as candidates for the election until Mr Edema came to the party and was used to substitute Mr Ayeni after he stepped down.

Mr Akintan and others then approached the courts to challenge the arrangement with a view to ensuring that Mr Edema did not run in the election.

Mr Ayeni has since been appointed as the DG for Mr Edema’s campaign organisation.

Matter for adjudication

However, in an originating summons filed by Messrs Akintan, Fasua, Gilbert Agbo, and Oginni Olaposi, members of the party, questioned the emergence of Mr 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 which 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 Mr Edema from presenting himself as a member and the candidate of the NNPP in on the state for the Nov. 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.

Mr 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.

Ruling

In her judgment, Mrs 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 it.

The judge awarded N100.000 against the claimants.

Reaction

Reacting to the judgment, Mr Edema said the judgment had laid to rest the issue of whether he was a member or a candidate of the NNPP.

He said: “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. 16 November, we will win with the support of the people of NNPP and God”.

Mr Akintan on his part, said he was ready to accept Mr Edema as the candidate of the party.