The Federal High Court in Abuja on Wednesday dismissed a suit challenging the validity of the July 20, 2020 primary election which produced Governor Oluwarotimi Akeredolu, as the All Progressives Congress’ candidate, in the October 2020 election.
Delivering judgment in the suit instituted by an Ondo State APC governorship aspirant, Dr. Nath Adojutelegan, Justice Okon Abang held that the case was statute-barred as it was not filed within the stipulated 14 days as required by law.
In upholding the notices of preliminary objection filed by Akeredolu and the APC, Abang said, from the facts presented by the plaintiff, the crux of his grouse was about the use of indirect mode of primary election, which he objected to.
He ruled that the plaintiff ought to have filed his suit within 14 days from the day the APC electoral committee adopted the indirect mode for the primary election held on July 17, 2020.
The judge added that the suit filed on August 3, 2020 was clearly outside the 14 days period provided for in section 285(9) of the Constitution for the filing of pre-election matters.
He also ruled that the court lacked jurisdiction to entertain the plaintiff’s challenge against the list of delegates compiled in 2018 which was used for the primary election in July 2020.
According to him, such an issue was a pre-primary election matter and not a pre-election matter that could be accommodated under section 87(9) of the Electoral Act.
The judge dismissed the suit and awarded a total cost of N120,000 against the plaintiff and in favour of the defendants.
The plaintiff was ordered to pay N50,000 to Akeredolu, N50,000 to the APC and N20,000 to the Independent National Electoral Commission. The plaintiff vowed to approach the Court of Appeal.
Reacting, the Ondo State chapter of the APC welcomed the court judgement, describing it as a validation of APC’s adherence to the principle of internal democracy.
The state Publicity Secretary of the party, Mr. Alex Kalejaiye, in a statement in Akure on Wednesday, said, “The court ruling today on the pre-primary election matter of the All Progressives Congress, in Ondo State has lent credence to the fact that the party was fair, and mindful of its guidelines when preparing for its governorship primary in August.
“We also rejoice with the party’s flag bearer, Rotimi Akeredolu, for scaling yet another legal hurdle in his selfless quest to serve the state.”