The Federal High Court in Abuja on Friday, nullified the nomination of Osun state governor, Gboyega Oyetola and Benedict Alabi that enabled them participate as governorship and deputy governorship candidates of the All Progressives Congress (APC) in the July 16, 2022 governorship election in state.
Justice Emeka Nwite in his judgement said the decision of the court was predicated on the ground that Yobe state governor Mai Mala Buni, who submitted their names to the Independent National Electoral Commission (INEC) violated the provisions of Section 183 of the Constitution of the Federal Republic of Nigeria and Section 82(3) of the Electoral Act 2022.
The court also held that Buni acted in contravention of the provision of Section 183 of the Constitution when he held dual executive positions as the governor of Yobe state and the Chairman of the National Caretaker Committee of the APC.
According to Nwite, the steps or decisions taken by Buni, including forwarding the names of Oyetola and Alabi to INEC, amounted to a nullity in law.
Justice Nwite therefore declared as null and void, the nomination of the duo by the APC.
On 7th April 2022, Kehinde Ogunwumiju, SAN had commenced a suit at the Federal High Court challenging the nomination and sponsorship of Oyetola and his deputy as the duly nominated candidates of the APC.
Oyetola, through his lawyer, Kunle Adegoke, SAN contended amongst other grounds that the Plaintiff did not have the locus standi to commence the action and that the suit was statute-barred.
Ogunwumiju, SAN who led O.M Atoyebi, SAN and Ademola Abimbola submitted that the Plaintiff rightly commenced the suit under Section 285(14) (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
Delivering his judgment, Justice Emeka Nwite declared as null and void, the nomination of Oyetola and Alabi by the APC.
The court also held that Buni acted in contravention of the provision of Section 183 of the Constitution when he held dual executive positions as the governor of Yobe state and the Chairman of the National Caretaker Committee of APC.
