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Osun Guber: Aspirant Sues APC, INEC, Seeks Nullification Of Primary Election

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A federal high court sitting in Abuja, has been asked to set aside the result of the Osun State governorship primary of the All Progressives Congress, APC, held on July 20, 2018 in Oshogbo, the state capital.

The plaintiff in the matter, Kunle Rasheed Adegoke, one of the aspirants in the primary election, asked the court for an order nullifying the state governorship primary election of the party having been conducted in flagrant violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of the APC.

Apart from the APC, the plaintiff also joined the Independent National Electoral Commission, INEC, as 2nd defendant in the matter.

In the suit, the plaintiff asked the court for an order restraining the 2nd defendant from according any recognition to the outcome of the said Osun State governorship primary election, saying that it was  conducted in violation of the Constitution of the Federal Republic of Nigeria, 1999.

He also asked the court to restrain the electoral body  from relying on or using the purported results of the purported governorship primary election of the party for the purpose of nominating the 1st defendant’s governorship candidate in the forthcoming Osun State governorship election scheduled to hold on the 22nd day of September 2018 or any other date as may be appointed by the 2nd defendant.

The plaintiff asked the court to determine the following:

“Whether, having regard to the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of the 1st defendant and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission, the Osun State governorship primary election of the 1st defendant purportedly held on the 20th day of July, 2018 in Osun State is not unconstitutional, unlawful, null and void.

“Whether this honourable Court ought to nullify the Osun State governorship primary election of the 1st defendant purportedly held on the 20th day of July, 2018 in Osun State in flagrant violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of All Progressives Congress, 2014 (as amended) and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission same being unconstitutional, unlawful, null and void.”

He also prayed the court for the following reliefs:

“A Declaration that the Osun State governorship primary election of the 1st defendant purportedly held on the 20th day of July, 2018 in Osun State in flagrant violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of the 1st defendant and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission is unconstitutional, unlawful, null and void.

“A Declaration that, by the provisions of the Constitution of the All Progressives Congress 2014 (as amended), Article 20(v) thereof, it is ultra vires the 1st defendant to organise, hold and conduct the governorship primary election held on the 20th day of July, 2018 in Osun State without Rules and Regulations made by its National Working Committee and duly approved by its National Executive Committee for the purpose of nomination of candidates through primary elections.

“A Declaration that, by Article 25B(ii) of the Constitution of the All Progressives Congress, 2014 (as amended), it is unconstitutional for the 1st defendant to organise and conduct the governorship primary election held in Osun State on the 20th day of July, 2018 without a meeting of the National Executive Committee approving Rules and Regulations which ought to be made but was never made by the National Working Committee for the purpose of nomination of candidates through direct primary elections.”

No date has been fixed for the hearing of the matter.



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