The governorship candidate of the New Nigeria People’s Party (NNPP) in the forthcoming election in Ondo State, Olugbenga Edema, has filed a motion seeking the Federal High Court’s order to disqualify Governor Lucky Aiyedatiwa from participating in the Saturday poll.
Naija News reports that Edema is asking the court to instruct the Independent National Electoral Commission (INEC) to remove the names of Governor Aiyedatiwa of the All Progressives Congress (APC) and his deputy from the list of candidates for the forthcoming gubernatorial election.
Edema has sought the court’s interpretation of Section 15 of the Third Schedule of the 1999 Constitution of Nigeria (as amended) regarding the nomination process for the APC candidates.
He contends that Aiyedatiwa’s nomination is invalid, claiming that the APC primary conducted on April 20, 2024, was unconstitutional and did not adhere to the stipulations of the Electoral Act, 2022.
In the originating summons (Suit No. FHC/AK/CS/103/2024), filed by his attorney Abayomi Ojo, Edema has identified INEC as the 1st Respondent, APC as the 2nd Respondent, and Aiyedatiwa along with his deputy as the 3rd and 4th Respondents.
He has requested that the court annul INEC’s announcement of the APC candidates’ names in advance of the gubernatorial election scheduled for November 16, citing breaches of the Electoral Act.
Edema argued, “Whether by Section 84(13) of the Electoral Act, 2022, the 1st Defendant is obligated to exclude/delist the names of the 3rd and 4th Defendants, the APC candidates, due to their nomination from an invalid primary conducted on April 20, 2024, as evidenced by Exhibits NNPP02-19, which contain reports from various wards and local government areas across Ondo State.”
Edema is seeking the following declarations from the court:
- Unconstitutional Publication: A declaration that by Sections 15 of the Third Schedule of the Constitution and Sections 82(1)(5) and 84 of the Electoral Act, 2022, INEC’s publication of Aiyedatiwa and his deputy as APC’s candidates is unconstitutional, invalid, and void.
- Invalid Nomination: A declaration that INEC’s acceptance of the APC’s gubernatorial candidates was arbitrary and illegal.
- Order to Quash Nomination: An order to invalidate the nomination and publication of Aiyedatiwa and his deputy by INEC for the November 16 election, as it allegedly violates the Constitution and Electoral Act.
The challenge presented by Edema underscores the importance of rigorous compliance with electoral regulations and constitutional requirements regarding candidate nominations, especially in the context of the upcoming gubernatorial election in Ondo State.
