A Federal High Court, sitting in Akure, the Ondo State capital, has ordered a fresh primary for Akoko South-East/ South West Federal Constituency of Ondo State.
The court yesterday asked the Independent National Electoral Commission(INEC) to conduct a fresh election within seven days for the aspirants of the ruling All Progressives Congress (APC) in the state.
One of the House of Representatives aspirants of APC, Hon. Victor Ategbole had earlier dragged the party to the court in the primary, won by Hon. Gboyega Adefarati did not hold at the designated venue but was held in Akure, the state capital.
Ategbole prayed the court to nullify the primary because it was held out of the federal constituency.
The plaintiff named the winner of the primary, Adefarati, the APC, the national chairman of the party, the state APC chairman, Engr. Ade Adetimehin and INEC as the defendants in the suit.
Presided over by Justice Demi Ajayi, the court said its decision was based on the out-of-court settlement agreed upon by all the parties involved in the matter.
The copy of the written terms of settlement from the court signed by the plaintiffs, defendants and their counsels was made available to LEADERSHIP Friday.
On the copy of the written terms of the settlement, all the parties agreed that the election should be held within seven days and the federal constituency.
It reads, “It is hereby agreed between the plaintiff on the one part and the first, second, third and fourth defendants on the other part, that the present suit as constituted be discontinued in the interest of the All Progressives Congress.
“It is further agreed that the second defendant, the All Progressives Congress, shall within seven days from the date of pronouncing this terms of settlement as the judgment of this court in this suit or so soon thereafter, write officially to inform the fifth defendant of its readiness to conduct a fresh APC primary for the Akoko South-East and Akoko South-West federal constituency at the approved venue of the primaries, being St. Patrick’s Secondary School, Iwaro-Oka, Akoko South-West Local Government Area of Ondo State, within the federal constituency.
“The second defendant shall invite the appropriate officers of the fifth defendant to monitor the proposed fresh primaries for Akoko South-East/Akoko South-West Federal Constituency.
“That the foregoing terms shall be the judgment of this honourable court in this suit. Parties to bear their respective costs.
“In witness whereof, the plaintiff on the one part and the first, second, third, fourth and fifth defendants on the other part, have either by themselves or through their respective legal counsel, set their hands and seals herein.”
Reacting to the development, the plaintiff’s counsel, Mr Olusola Oke, disclosed to LEADERSHIP Friday that all the parties agreed to the position of the court in the interest of the party.
According to Oke, “The Federal High Court, Akure today ( Thursday), entered consent judgments based on terms of settlement executed and filed by all the parties. By the tenor of the said judgments, the APC shall within seven days from today write to notify INEC of its readiness to conduct a fresh primary election of the party for Akoko South-East/Akoko South-West federal constituency at St. Patrick Secondary School, Iwaro-Oka. Parties agreed to this position in the overall interest of the APC.”
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