Prominent Aspirant Kunle Adegoke's Lawsuit Against APC, INEC Over Osun Guber Primary Gets September 13 Date

The last seems not to have been heard on the primaries of the All Progressives Congress (APC), Osun State chapter, conducted on July 20, as the suit filed by an aggrieved aspirant, Mr. Kunle Rasheed Adegoke, against the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), challenging the legality of the exercise comes up for hearing on Thursday, September 13.

The suit, Kunle Rasheed Adegoke v. APC & INEC with No. FHC/ABJ/CS/804/2018 was filed before a Federal High Court in Abuja Judicial Division by Ayotunde Ogunleye, Esq., of A. U. Mustapha, SAN, and Co, on July 27.

And when the case came up Tuesday September 4th, 2018 at the Federal High Court, Abuja, the court granted the applicant’s application to hear the matter during vacation. It was thus adjourned to Thursday the 13th day of September, 2018 for hearing of the substantive matter.

The plaintiff, in an Originating Summon, presented 4 major prayers thus:

1. Whether, having regard to the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of the 1st Defendant and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission, the Osun State governorship primary election of the 1st Defendant purportedly held on the 20th day of July, 2018 in Osun State is not unconstitutional, unlawful, null and void.

2. Whether this honourable Court ought to nullify the Osun State governorship primary election of the 1st Defendant purportedly held on the 20th day of July, 2018 in Osun State in flagrant violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of All Progressives Congress, 2014 (as amended) and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission same being unconstitutional, unlawful, null and void.

3. Whether this honourable Court ought to restrain the 2nd Defendant from giving any recognition to the outcome of the said Osun State governorship primary election of the 1st Defendant held on the 20th day of July, 2018 in Osun State same having been conducted in violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of All Progressives Congress, 2014 (as amended) and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission.

4. Whether this honourable Court ought to restrain the Defendants from relying on or using the purported results of the purported Osun State governorship primary election of the 1st Defendant held on the 20th day of July, 2018 in Osun State for the purpose of nominating the 1st Defendant’s governorship candidate in the forthcoming Osun State Governorship election scheduled to hold on the 22nd day of September 2018 or any other date as may be announced by the 2nd Defendant.

The summon further stated that, should Your Lordship answer the above question in affirmative, the plaintiff prays the Honourable Court for the following reliefs:

1. A Declaration that the Osun State governorship primary election of the 1st Defendant purportedly held on the 20th day of July, 2018 in Osun State in flagrant violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of the 1st Defendant and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission is unconstitutional, unlawful, null and void.

2. A Declaration that, by the provisions of the Constitution of the All Progressives Congress 2014 (as amended), Article 20(v) thereof, it is ultra vires the 1st Defendant to organize, hold and conduct the governorship primary election held on the 20th day of July, 2018 in Osun State without Rules and Regulations made by its National Working Committee and duly approved by its National Executive Committee for the purpose of nomination of candidates through primary elections.

3. A Declaration that, by Article 25B(ii) of the Constitution of the All Progressives Congress, 2014 (as amended), it is unconstitutional for the 1st Defendant to organize and conduct the governorship primary election held in Osun State on the 20th day of July, 2018 without a meeting of the National Executive Committee approving Rules and Regulations which ought to be made but was never made by the National Working Committee for the purpose of nomination of candidates through direct primary elections.

4. A Declaration that it is ultra vires the 1st Defendant to hold and organize the Osun State governorship primary election held in Osun State on the 20th day of July, 2018 without having given a prior 21-day notice of its primaries to the Independent National Electoral Commission (the 2nd Defendant) indicating that a direct method of primary election shall be used.

5. An Order of this Honourable Court nullifying the Osun State governorship primary election of the 1st Defendant held on the 20th day of July, 2018 in Osun State same having been conducted in flagrant violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of All Progressives Congress, 2014 (as amended) and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission.

6. An Order restraining the 2nd Defendant from according any recognition to the outcome of the said Osun State governorship primary election of the 1st Defendant held on the 20th day of July, 2018 in Osun State same having been conducted in violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended), the relevant provisions of the Constitution of All Progressives Congress, 2014 (as amended) and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission.

7. An Order of this Honourable Court restraining the Defendants from relying on or using the purported results of the purported Osun State governorship primary election of the 1st Defendant held on the 20th day of July, 2018 in Osun State for the purpose of nominating the 1st Defendant’s governorship candidate in the forthcoming Osun State Governorship election scheduled to hold on the 22nd day of September 2018 or any other date as may be appointed by the 2nd Defendant.

The Defendants, according to the summon, “may appear hereto by entering appearance personally or by a legal practitioner either by handling in the appropriate forms duly completed, at the Federal High Court Registry or by sending them to that office by post.”

The suit, with which a 24-Paragraph Affidavit was attached by the plaintiff noted that, “If the defendants do not enter appearance within the time and at the place above mentioned, such orders will be made and proceedings may be taken as the judge may think just and expedient.”