Court Orders APC, Others To File Defence Aiyedatiwa’s Sack As APC Candidate

Justice Inyang Edem Ekwo of the Federal High Court, Abuja has ordered the All Progressives Congress (APC), Ondo State Governor, Lucky Aiyedatiwa and the Independent National Electoral Commission (INEC) to file their defense in a suit seeking removal of Aiyedatiwa as APC gubernatorial candidate for November election.

The Judge ordered that the three defendants must file their respective defence within days allowed by law since the suit is a time bound one.

The order of the Court followed a claim by the APC that it had written a letter to the Chief Judge of the Federal High Court requesting for transfer of the case from Abuja to Ondo State.

At Tuesday’s proceedings, APC lead counsel, Tayo Oyetibo informed the Court that his client had forwarded a letter to the Chief Judge praying for movement of the case from the Abuja division to Akure division.

He however, admitted that APC had not received any response to the letter.

In response, Justice Ekwo held that there was no letter before him and as such, cannot act on anything not before the court.

Instead, the Judge ordered that with or without the letter before him, the defendants must respond to the issues raised by the plaintiff, Senator Jimoh Ibrahim against the conduct of the primary election that produced Aiyedatiwa as APC gubernatorial candidate.

APC in its letter by Matthew Bukkar dated May 12 but received in the Chief Judge’s Office on May 13, 2024 claimed that the primary election being challenged was conducted in Akure, the Ondo State capital.

According to the APC, it has a functional office in Akure with the State Working Committee on ground, the electoral body also has an office in Akure and
the governor whose candidacy is being challenged is also resident in Akure.

The party therefore said that Akure division of the Federal High Court is the most convenient place for the case to be determined.

After issuing the order, Justice Ekwo fixed May 29 for hearing of the suit with a warning that all processes in respect of the suit must be filed and exchanged by the parties.

Ibrahim who is representing Ondo South in the Senate, is praying the court to cancel the nomination of Aiyedatiwa as the APC candidate on the ground that the April 20 primary election that produced him was unlawful.

Among others, the Senator claimed that sections 221, 228 of the 1999 Constitution and that of 84 of the Electoral Act 2022 were grossly violated in the conduct of the disputed primary election by the APC.

Similarly, Ibrahim wants the court to set aside the purported primary election and compel the APC to conduct a fresh one in compliance with sections 221, 228 of the 1999 Constitution and that of 84 of the Electoral Act 2022.

At Tuesday’s proceedings, Tayo Oyetibo stood for the APC, Bode Olanipekun for governor Aiyedatiwa, while Charles Edosanwan represented INEC.

Garry Ochigbo, Edited By Grace Namiji