With less than two weeks remaining until the November 16 governorship election in Ondo State, the participation of Hon. Olugbenga Edema, the candidate of the New Nigeria People’s Party (NNPP), remains uncertain due to a pending court case regarding his legitimacy.
An originating summons filed by Engr. Akintan Michael, Mrs. Kemi Fasua, the NNPP, Dr. Gilbert Major Agbo, and Comrade Oginni Olaposi against Edema, dated August 12, 2024, is still awaiting a court decision.
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The claimants are seeking the court’s judgment on two primary issues: first, whether, according to Sections 77(2) and 77(3) of the Electoral Act 2022, the third plaintiff is required to submit the Register of Members to the Independent National Electoral Commission (INEC) no later than 30 days before the party’s primary, which was held on April 26, 2024. Second, they are requesting an interpretation of Section 77(3) to determine if Edema, whose name does not appear in the submitted register, can validly claim membership in the party as of the primary date.
Additionally, the claimants are seeking injunctive and declarative reliefs, including a perpetual injunction to restrain Edema from presenting himself as a member or candidate of the NNPP in Ondo State for the upcoming election.
Justice Oluyemi Akintan Osadabay of the State High Court in Akure heard arguments from both parties’ counsel and adjourned the case to November 7, 2024, for a ruling.
Counsel for the claimants, Monday O. Mawah, acknowledged that certain documents were not initially attached to the originating summons but had since been submitted through an affidavit.
In response to a preliminary objection raised by the defense counsel, Mr. Rotimi Olorunfemi, the plaintiffs filed additional affidavits and requested that the court consider all applications collectively. Olorunfemi contended that the court lacks jurisdiction over the matter, asserting it is a pre-election issue that the plaintiffs failed to substantiate with appropriate authority. He also claimed that necessary parties were not properly before the court.
Countering Olorunfemi’s arguments, Mawah cited Section 285 of the Nigerian Constitution, which outlines provisions for pre-election matters, arguing that the case is procedural and falls within the court’s jurisdiction. He explained that state high courts now share concurrent jurisdiction over such matters.
Mawah further asserted that determining a party’s membership status requires presenting a membership card and register, neither of which Edema could provide. He noted that Edema participated in the All Progressives Congress (APC) governorship primary held on April 20, 2024, which led to the nomination of the incumbent governor, Lucky Aiyedatiwa, as the party’s candidate. Aiyedatiwa won the nomination decisively with 48,569 votes, while his nearest rival, Mayowa Akinfolarin, received 15,343 votes, and Chief Olusola Oke came in third with 14,865 votes.
Mawah added that Edema left the APC a few weeks later to become the NNPP’s governorship candidate, despite the party having already nominated Engr. Akintan Michael and Mrs. Kemi Fasua as its governorship and deputy governorship candidates, respectively.
Edema’s lawyer expressed concern over his client’s inability to campaign effectively with the election date approaching.
The court has adjourned the case to November 7, 2024, for a ruling on the matter.
(Vanguard)
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