Court of Appeal Sets Aside Judgment Baring ADC Candidates
By Jeffery Ahonmisi
Court of Appeal sitting in Ibadan, Oyo State has set aside judgment annulling the gubernatorial candidacy of Biyi Otegbeye and the twenty-six House of Assembly candidates of the African Democratic Congress, ADC, in Ogun State.
The Labour Party in the state had dragged the ADC candidates to court over alleged non-compliance to the Electoral Act in the conduct of the party’s primary.
Delivering the judgment, Justice Moore Adumein held that the Federal High Court sitting in Ogun State does not have jurisdiction to entertain the suit.
Justice Adumein agreed with the prayer of the ADC counsel that only party members could file a suit against the conduct of the primary elections which produced the candidates.
Reacting after the judgment, the appellant counsel, Barrister Tunde Falola while applauding the judgment, affirmed that the court is the last hope of the common man.
It would be recalled that a Federal High Court sitting in Abeokuta, the Ogun State capital, last year November annulled the primary of the African Democratic Congress for the governorship candidate in the state, Biyi Otegbeye, and 26 Assembly candidates of the party.
The presiding judge, Justice Adetayo Aluko, who annulled the primary, also ordered the Independent National Electoral Commission, INEC, to remove all the names of the 26 candidates from its website.
The court said the ADC failed to adhere to the electoral law.
Delivering the judgment, Justice Aluko held that the primary election which produced Otegbeye and the state Assembly candidates was not monitored by INEC.