The Federal High Court sitting in Abuja, yesterday, dismissed a suit that an aggrieved aspirant of the Peoples Democratic Party, PDP, Jimi Adebisi Lawal, filed to nullify the nomination of Adebutu’s name to the Independent National Electoral Commission, INEC.
The court, in a judgment that was delivered by Justice Inyang Ekwo, upheld the primary election that produced Oladipupo Adebutu as the governorship candidate of the PDP in Ogun State.
The plaintiff had in the suit, challenged the delegates list that was used in the conduct of the gubernatorial primary election the party held in the state on May 25, 2022. He contended that the list, which he said contained names of political appointees, was not in tandem with the names of delegates that were democratically elected at the ward congresses.
Consequently, he prayed the court to invalidate the outcome of the said primary election and order the PDP to conduct a fresh one.
However, in his judgment, Justice Ekwo held that the plaintiff failed to establish his allegation that the primary election was not conducted in compliance with the 1999 Constitution, as amended, section 84(1), (2), (5b) and (8) of the Electoral Act 2022, as well as Article 25 (1a) and (2c) of the PDP Constitution.
The court held that evidence before it proved that Adebutu duly won the indirect primary election that was organised by the party and monitored by INEC, having polled a total of 714 votes.
It held that contrary to the plaintiff’s claim, the PDP, through its Ogun State Chairman, had before the primary election, tendered to the INEC, a 3-man ad-hoc delegates list that emerged from each Ward in the State. It accused the plaintiff of attempting to use a further affidavit to remedy a deficiency in the Originating Summons he lodged against the party.
Although Adebutu’s lawyer, Chief Chris Uche, SAN, demanded a cost of N5 million, the court refused the prayer.
Recall that the Supreme Court had, in a unanimous decision by a five-man panel of Justices, remitted the suit back to the high court for retrial.
The apex court faulted the High Court for previously declaring that it had no jurisdiction to entertain the suit. It held that Justice Taiwo Taiwo, who initially entertained the suit, wrongly declined jurisdiction on the premise that the issue of nomination of a candidate for an election, was a domestic affair of a political party.
While affirming the judgment of the Abuja Division of the Court of Appeal that voided Justice Taiwo’s verdict, the Supreme Court ordered the Chief Judge of the high court to re-assign the matter to another judge for expeditious hearing.
