The Independent National Electoral Commission, INEC, wants the Federal High Court to reject the case of the factional group of the All Progressives Congress known as ‘The Osun Progressives’, challenging the validity of the party’s Congress held last year.
This is contained in the preliminary objection filed by INEC before the Federal High Court, Osogbo against the substantive motion of ‘TOP’ seeking an order of the Court to invalidate the ward, local and state congresses of the APC.
Arguing the preliminary objection, INEC counsel, Mr Muyideen Adeoye contended that the counter lacked jurisdiction to entertain such matter in view of the provisions of sections 251 of the 1999 constitution as amended and 87(9)of the electoral Act 2010 as amended.
Mr Adeoye said “the Court would not be able to do what the Law has outrightly forbidden it from doing, hence his Lordship should reject the claims of the applicants”.
He argued further that “where the Court lacks power to pronounce on the principal relief, it cannot proceed to the auxiliary relief”.
Counsel to the aggrieved factional APC members, Mr Adesina Mohammud, SAN urged the court to discountenance the submission of INEC and proceed to the substantive matter.
Mr Mohammud posited that the court had the jurisdiction to entertain the matter and should so hold.
The presiding Judge, Justice Emmanuel Ayoola adjourned the matter to the 2nd of February for ruling on the preliminary objections filed by the APC led by Prince Gboyega Famoodun and INEC challenging its powers to hear the Matter.
Adenitan Akinola
pub-5160901092443552
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