Judiciary

Court of Appeal Sets Aside Judgment Baring ADC Candidates

By Web News 707

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.

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Politics

Court Orders INEC to Delist ADC Guber Candidate

By Web News 508

A  Federal High Court sitting in Abeokuta has ordered the Independent National Electoral Commission to remove the name of the African Democratic Congress, ADC, candidate for the 2023 governorship election, Mr Biyi Otegbeye from the list.

Delivering the judgement on a suit filed by the Ogun State chapter of the Labour Party against the INEC and African Democratic Congress, ADC, Justice Adetayo Aluko, affirmed that the primary was in violation of the Electoral Act, noting that the candidature of Mr Biyi Otegbeye is against the provisions of the law. 

The Labour Party had in an originating summon filed at the Federal High Court,t sought for interpretation of whether a political party could validly conduct primaries of substitution primaries without validly inviting the INEC for the purpose of monitoring.

The party also asked for  Court interpretation on whether INEC could accept and act upon a list of candidates submitted from such exercise.

While granting the request of the plaintiff, Justice Adetayo Aluko ordered INEC to remove Mr Biyi Otegbeye from its website, citing infractions with the electoral act and the constitution.

The court said it was against the law for INEC not to have monitored the primary that saw the emergence of candidates and listing them.

Counsel to the plaintiff, Mr Monday Mawah described the judgement as well deserved and a thumbs up for the judiciary.

Wale Oluokun