James Sowole in Abeokuta
A Federal High Court in Abeokuta, the Ogun State capital, yesterday dismissed three different cases filed against the All Progressives Congress (APC) and its governorship candidate for 2023 elections, Prince Dapo Abiodun, challenging the victory of the governor at the party primary conducted on May 26, 2022.
In the three cases decided, Justice Joyce O Abdulmalik dismissed the cases for various reasons ranging from lack of standing to sue to lack of jurisdiction, incompetence, frivolity, academic exercise and being statue barred.
The Judge also awarded a “joint cost” of N2 million against the litigants and in favour of APC and its candidate in each of the three cases.
In the suit instituted by Mrs. Sherifat Eweje against the APC and Abiodun, the Judge held that a person who did not participate in a primary election for an office cannot invoke the limited jurisdiction of the court to challenge the outcome of that primary.
The Judge remarked that Eweje bought a form for a legislative seat but did not buy a form for the governorship position.
He added that Eweje even withdrew her candidacy on May 10, 2022, long before she filed the suit and long before May 26, 2022, when the governorship primary was held.
In that circumstance, the court concluded and declared that the plaintiff (Mrs. Eweje) had no locus standi to bring the action.
The court also held that the plaintiff’s suit is statute barred because it was filed more than 14 days after the cause of action arose.
Consequently, the court declared the suit incompetent, and struck it out, describing all other issues raised in the case as academic issues, since the court has no jurisdiction. The court awarded a joint costs of N2million in favour of 1st and 2nd defendants for the institution of the suit.
In the second case filed by Semiu Olanrewaju Alao, the court resolved the issue of locus standi first. The Judge found that plaintiffs were not aspirants because by their own averments, they did not get delegate forms, and as such, did not participate in any election whether primary or delegates elections.
This meant that some of the plaintiffs were not aspirants in the primary elections, and as such did not qualify under the constitution to file the case. The Judge then declared that the plaintiffs who were not aspirants had no locus standi to file the case.
Regarding the singular plaintiff, who claimed to be a delegate, the Judge remarked that all the plaintiffs acknowledged that 4th defendant is the chairman of the 5th defendant and yet the document that plaintiffs showed highlighting the alleged delegate’s name as a delegate was not authenticated by the said 4th defendant as sent to the national chairman.
The court concluded that plaintiffs’ counsel failed woefully to establish that 2nd plaintiff was a delegate and thus
failed to establish the locus standi of the plaintiffs to file the case. The court then declared the case as incompetent, and awarded N2 million against plaintiffs in favour of 1st, 4th, and 5th defendants.
In the third case, Nuberu Olufemi Adesanya and 2 Ors v. INEC and 3 Ors, the court cited the case of Alli Modu Sheriff v. PDP, to the effect that a political party is a voluntary club and its decisions are binding on its members who must obey the party or leave the party.
Ruling on objections raised by the APC, the court agreed that under the APC constitution, offences against the party include filing an action against the party or its officials without first exhausting internal remedies. The court found that the purported complaint filed by plaintiffs was misdirected as under the party constitution, it must start from the ward level and climb its way up.
The court held that the plaintiff did not exhaust the internal remedy of the party, and the case filed was “not justiciable.”
The court reminded the litigants that APC is a voluntary organisation and the will of the majority will prevail in APC.
A joint cost of N2million was also awarded in favour of 1st to 3rd defendants in the matter.
