An Akure High Court has dismissed the suit challenging the candidature of Hon. Olugbenga Edema as the flag bearer of the candidate of the New Nigeria People’s Party (NNPP) for the November 16 governorship election in Ondo State.
The court presided by Justice Oluyemi Akintan Osadabay declined jurisdiction to entertain the suit filed by a factional candidate of the party, Mr Michael Akintan, and his deputy, Mrs Kemi Fasua, against the emergence of Edema as the candidate.
Edema, a former lawmaker and Chairman of Ondo State Oil Producing Area Development Commission (OSOPADEC) has unanimously emerged as the candidate of the party after the former candidate stepped down for him.
He chose Dr Rotimi Adeyemi as his running mate.
Edema replaced Israel Oluwatosin Ayeni who was the NNPP placeholder. Ayeni was made the official spokesperson of the candidate and the campaign organization after his resignation as a candidate.
However, in an originating summons filed by Engr. Akintan, Mrs. Kemi Fasua, Dr. Gilbert Major Agbo, and Comrade Oginni Olaposi challenged the emergence of Edema as the candidate of NNPP. The suit was dated August 12, 2024.
The plaintiffs through their counsel, Monday Ojore Mawah are seeking the court’s judgment on whether, in light of 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, held on April 26, 2024.
They also asked whether, based on section 77(3), the defendant, whose name does not appear in the submitted register of the third plaintiff, can validly claim membership in the party as of the primary date.
The claimants are seeking injunctive and declarative reliefs, including a perpetual injunction to restrain Edema from presenting himself as a member of the candidate of the NNPP in Ondo State for the November 16 governorship election.
But the defendants, through their lawyer, Mr Rotimi Olorunfemi, asked the court to dismiss or strike out the suit for constituting a gross abuse of the court process. He said the suit was supposed to be filed at the Federal High Court, being a pre-election matter.
Olorunfemi said the issue of jurisdiction is a matter that goes to the root and the competence of a court adjudicatory power on a suit before it. Since the court has no jurisdiction, the case should be dismissed with cost against the claimants.
In her judgment, Justice Osadabay struck out the suit for lack of jurisdiction. She said since the case fell within the pre-election matter, it is only the Federal High Court that has jurisdiction to entertain the case. She awarded #100.000 against the claimants.
Reacting to the judgment that affirmed his candidature, he said the judgment has led to rest the issue of whether he is a member or a candidate of NNPP.
His words “We knew a lot of people who are our adversaries were looking forward to dividing us.
But thank God, apart from the judgment of this court, we have come together as a party to be one family. So we are going to walk into this election as one family of NNPP. So, to the glory of God, the people of NNPP should rest assured that their candidate of NNPP is now on the ballot in the eye of the Lord and squarely. And come Saturday the 16th of November 2024, we are winning with the support of the people of NNPP and God.”
Similarly, Akintan said he was ready to accept Edema as the candidate of the party. He said the court has decided the candidate and he would abide by the decision.
