•’We are justified by the verdict’
A Federal High Court in Akure yesterday struck out a suit challenging Ade Adetimehin as the Ondo State Chairman of All Progressives Congress (APC).
It refused to reinstate ex-Chairman Isaac Kekemeke.
The suit was filed by Olugburo Akinola, on behalf of the former Vice Chairman of the party, Gboyega Adedipe and ex-Legal Adviser Desmond Adejumola.
The court agreed with Charles Titiloye, counsel to APC and the defendants that it lacked jurisdiction to hear the suit.
It upheld the seven grounds of preliminary objection filed by Titiloye that issues raised by the plaintiffs were matters within the internal affairs of APC and the internal means of resolution.
The court said: “The plaintiffs are the real violators of APC constitution, having failed to first exhaust means of resolving their grievances as provided for by the party’s constitution before bringing the action before the Federal High Court.”
Adedipe and Adejumola were adjudged by the court as meddlesome interlopers, who lacked the locus standi to challenge the removal of Kekemeke without joining him in the suit as a necessary party.
The court agreed with Titiloye that the matter was too contentious to be started by originating motion; rather, the plaintiffs ought to have filed the suit through a writ of summons.
It contended that there was no registered party in Nigeria by the name ‘APC Ondo State’, and struck out the name of the 4th defendant.
The court ruled that the proper court to hear the case was the state High Court and joinder of the Independent National Electoral Commission (INEC), an agent of the Federal Government.
“An ancillary relief in the suit will not confer jurisdiction on the Federal High Court to hear the case.”
Justice F.A. Olubanjo struck out the case.
Titiloye hailed the judgment, describing it as a reference point in administration of parties.
He said it would increase the disciplinary power of parties over their members.
Akinola said his clients would file a stay of execution and appeal the judgement.
He said the judge refused to rule on the substantive suit that would have dealt with the issue at stake, stressing that his clients would not accept the verdict.
APC said yesterday that the verdict of the court justified the fairness of the national leadership.
The party, in a statement by its Director of Media & Publicity, Steve Otaloro, said Kekemeke was removed from office based on the allegations levelled against him by members, following his activities before and during the governorship election last year.
It said: “Before the governorship election, the party machinery were against Kekemeke -the youth wing, women’s wing and elders’ forum. They passed a vote of no confidence in him, judging by the way he conducted himself before the primary election.
“Members were angered by his conduct, which they described as being biased. They accused him of supporting a particular aspirant, using the party machinery against other aspirants.
“No doubt, he has a right to support an aspirant, but using the party machinery as the chairman to do so to the detriment of others was where he erred.
“He was also alleged to have worked against APC during the governorship election.
“This protest prompted the setting up of a three-man fact-finding committee headed by Abayomi Adesanya. Kekemeke turned down the invitation of the committee during investigation. Having found him guilty, the committee recommended his removal in its report submitted to the National Working Committee.
“However, the national leadership asked Kekemeke to step aside, pending when it would analyse the findings of the committee. It, therefore, appointed Adetimehin, who was the deputy of Kekemeke, to step into the office of the chairman in an acting capacity.
“Rather than allowing the committee to conclude its investigation, Kekemeke headed for the court, using his cronies, Gboyega Adedipe and Desmond Adejumola, as a decoy to upturn the decision of the national leadership.
“It is unfortunate that it is the court that pointed out to Kekemeke and his cohorts that they are “the real violators of APC constitution, having failed to first exhaust means of resolving their grievances as provided for by the APC constitution.
“It is important to reiterate that Governor Akeredolu has called on members, who went on sabbatical leave, to return to the party, despite the obvious anti-party roles they played, particularly during the governorship election.
“Many of these category of members have returned to our party without any rancour.
“To prove that Governor Akeredolu was not out to witch-hunt anyone, he was instrumental to the return of Mr. Olusola Oke, a lawyer, who defected to Alliance for Democracy (AD) and contested as its governorship candidate.”
The statement said the party was still open to all, particularly members outside for one reason or another.
