A Federal High Court in Abuja on Friday rejected the request by Ondo State Governor Oluromimi Akeredolu to strike out a suit filed by Olusegun Abraham challenging his (Akeredolu’s) candidacy of the All Progressives Party in the last governorship election.
The court also rejected Akeredolu’s argument that it lacked jurisdiction to hear the suit; that the suit relates to issues that are internal to the party; that the suit was inchoate, among others.
In a ruling, Justice Nnamdi Dimgba agreed with Akeredolu that the suit was wrongly commenced, but refused to strike it out, as the governor requested.
The judge converted the suit, originally started by Originating Summons, to what would be heard under the Writ of Summons rules, on the grounds that the matter has contentions that would require the parties to file pleadings for.
Justice Dimgba, whose ruling was on two notices of objection filed by Akeredolu, the APC and the party’s National Chairman, gave the parties till November 30 to file and exchange all pleadings.
He adjourned till December 6 and 7 for hearing.
The judge alleged that the actual delegates’ list was altered with the inclusion of names not ordinarily on the list, and who were allowed to vote at the primary.
On the challenge to the court’s jurisdiction, he faulted claim by Akeredolu’s lawyer, Akin Olujinmi (SAN), that the case relates to pre-primary issues, which are internal affairs of the party.
Justice Dimgba averred that there was nothing like pre-primary and post primary issues in the nation’s political jurisprudence.
According to him, what exist are pre-election and post-election matters, over which the court has jurisdiction.
He said since political parties chose their candidates through primaries, the Electoral Act, in Section 87, allows an aggrieved contestant to challenge the outcome a primary he believes to be flawed.
Justice Dimgba said: “I must also state here that the argument that the state of facts giving rise to the present legal challenge falls within the internal affairs of political parties, in respect of which courts lack jurisdiction, is one that reflects the jurisprudence of by-gone days, and thus merits a summary dismissal.
“My decision above that this suit falls squarely within Section 87(9) of the Electoral Act means, in effect, that the suit lies outside the internal affairs of political parties in respect of which courts lack jurisdiction.
“As a matter of fact, it is arguments, such as the one made by the learned counsel for the first and third defendants that supply the historical justification for the enactment of Section 87(9) of the Electoral Act.”
Justice Dimgba averred that the suit is a challenge against an administrative decision of the Independent National Electoral Commission (INEC) to accept the name of Akeredolu as submitted by the APC.
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