Fidelis David in Akure
The controversy surrounding the election of Adegboyega Adefarati, the candidate for the All Progressives Congress (APC) Akoko South East/Akoko South West federal constituency in the forthcoming general elections has taken a new dimension.
One of the aspirants, who participated in the fresh party primary, Dr. Victor Olusegun Ategbole headed to the Federal High Court sitting in Akure, the Ondo State capital, seeking nullification of the result of the fresh primary conducted on November 29, 2022.
He alleged that the party’s leadership at the state level doctored the delegates’ list used for the primary that held at St. Patrick’s Secondary School, Iwaro, Oka Akoko, Akoko South West Local Government Area , Ondo State, replacing 17 delegates on the list without recourse to Section 84 (8) of the Electoral Act.
According to an Originating Summon dated December 8, 2022 by Remi Peter Olatubora, SAN, the attorney of Ategbole, the applicant prayed the court to determine whether the party APC(1st respondent), party national chairman, Sen. Abdulahi Adamu(2nd respondent), Adegboyega Adefarati(3rd respondent) and Ondo State Chairman of the party, Ade Adetimehin(4th respondent) can remove and replace names of delegates contrary to Section 84 (8) of the Electoral Act.
He also sought seven reliefs asking the court to grant an order nullifying the election of the 4th defendant (Adegboyega Adefarati) as the winner of the fresh APC’s House of Representatives primaries held on 29th November, 2022 at St. Patrick’s Secondary School, Iwaro Oka, Oka Akoko, Akoko South West, Local Government Area of Ondo State for the selection of the House of Representatives candidate for Akoko South East/Akoko South West Federal Constituency for the 2023 House of Representatives election.”
He also asked for an order of the court declaring the applicant as the winner of the fresh APC’s House of Representatives primaries.
The applicant also sought the order of the for the following: “an Order mandating the 1st(APC) and 2nd defendants(National Chairman of APC) to forward the name of the Plaintiff to the 3rd Defendant(INEC) as the 1st Defendant’s candidate for House of Representatives election for Akoko South East/Akoko South West to be conducted on 25th February, 2023 or any subsequent date”; “an Order mandating the 3rd Defendant(INEC) to accept the name of the Plaintiff as the candidate of 1st Defendant for House of Representatives election for Akoko South East/Akoko South West to be conducted on 25th February, 2023.”
Dr. Ategbole also sought “an Order mandating the 3rd Defendant(INEC)to re-issue a fresh Certificate of Return to the Plaintiff in the event that the 1st Defendant submits the name of the 4th Defendant(Adefarati) to the 3rd Defendant and the said 4th Defendant emerges the winner of the House of Representatives election for Akoko South East/Akoko South West to be conducted on 25th February, 2023 or any subsequent date, for the purpose of the Plaintiff being sworn in as the member representing Akoko South East/Akoko South West Federal Constituency in the House of Representatives.”
APC has been facing litigation crisis in electing a House of Representatives candidate for the Akoko South East/Akoko South West federal constituency.
Having settled in court and the party national Secretariat fixed a November 29, 2023 for a fresh primary, the party has run into another hitch as one of the aspirants, Ategbole seeks nullification of the primary which was won by Gboyega, the son of former governor of the state Adebayo Adefarati with 71 votes while Ategbole polled 55 votes.
