The Federal High Court, Abuja, today fixed Dec. 14 for judgment in a suit challenging the validity of the primary election that produced Governor Oluwarotimi Akeredolu of Ondo State as All Progressives Congress (APC)’s candidate in the Oct. 10 poll.
Justice Okon Abang fixed the date after taking arguments from parties in the suit with number: FHC/ABJ/CS/886/2020 filed on Aug. 3 by Dr Nath Adojutelegan, an APC governorship aspirant in the state election.
The News Agency of Nigeria (NAN) reports that in the suit, the APC, Akeredolu and the Independent National Electoral Commission (INEC) are 1st to 3rd respondents respectively.
Adojutelegan, who along with others lost the primary election to Akeredolu, had challenged the poll’s outcome.
In the suit, the plaintiff alleged that the exercise was marred by grave and substantial noncompliance with the spirit and purpose of the APC’s Constitution, Electoral Guidelines and the Electoral Act, 2010 (as amended), which he argued “substantially affected the outcome of the primary election.”
He said the delegates’ list used for the primary violated section 87(7) and (8) of the Electoral Act 2010 (as amended), Article 20 (iii) and (iv) (a), (b), (c) and (d) of the APC Constitution 2014 (as amended) and Electoral Guidelines.
At the resumed hearing on Friday, the INEC Lawyer, Abdulaziz Sani, on whose instance the case was adjourned in the last sitting, told the court that he had finally served all the defendants as well as the plaintiff in the matter copies of his counter affidavit.
Justice Abang, in his ruling, said the matter would be adjourned for judgment.
He, however, said that he would first make finding on the 1st and 2nd defendant’s preliminary objections, challenging the court’s jurisdiction to hear the matter.
“Where the objection sustains, that will be the end of this matter. However, in the event the objections are overruled and I assumed jurisdiction, the court will then make findings on the substantive matter on its merit,” he held.
The judge, then, adjourned the matter until Dec. 14 for judgment.
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