A Federal High Court, Ibadan Division, has dismissed a suit filed by the All Progressives Congress (APC) seeking to stop Mr Adesoji Adedeji of the Labour Party (LP) from contesting Saturday’s National Assembly election.
The APC had approached the court to stop the candidacy of LP flag-bearer for Ogo Oluwa/Surulere Federal Constituency.
However, Justice Uche Nma Agomoh of the Federal High Court, Ibadan division, on Wednesday, certified Adedeji okay for the election and also awarded N100,000 costs against APC and three others.
APC, alongside others- Ajani Josiah, Chief Adewale Sunday, Adesiyan Semiu, in the suit number FHC/ABJ/CS/1748/22 filed on September 30, claimed that Adedeji was nominated by LP and Peoples Redemption Party (PRP) in violation of Sections 30, 34 and 35 of the Electoral Act.
They asked the court for an order to compel the Independent National Electoral Commission (INEC) to bar Adedeji from participating in Saturday’s election, having been purportedly nominated by two parties.
In his judgment however, Justice Agomoh said there was no evidence before the court to support the case of the plaintiffs and consequently dismissed the case for being academic, stale and lacking in merit.
The court had earlier struck out an application for extension of time filed and moved by the counsel for the plaintiffs.
Justice Agomoh also awarded a total cost of N100,000 against APC to be paid N50, 000 each to Adedeji’s counsel, Sunday Aborisade and the counsel for LP, Kehinde Yekini.
The court also cleared Adedeji Adesoji to contest in Saturday’s election, having been validly nominated by LP.
The court refused the request by APC for a declaration of the court that LP has no candidate in Saturday’s House of Representatives election and that the name and logo of the party should be struck out of the ballot paper.
On the issue of locus standi of the plaintiffs to file the suit raised by Aborisade, the judge agreed with him that those who filed the suit have no business doing as they are not members of LP.
Justice Agomoh described them as “meddlesome interlopers and busybodies” who engaged themselves in what does not concern them.
On the issue of the suit having been filed out of time, the judge also agreed with Adedeji’s lawyer that pre-election matters are sui generis and that the case should have been filed within 14 days of the occurrence of the action the plaintiffs complained of.
