Sam Philip
An Akure High Court has dismissed the suit challenging the candidacy of Gbenga Edema as the governorship candidate of New Nigeria People’s Party(NNPP) for the November 16 gubernatorial election in Ondo State.
The presiding judge, Justice Oluyemi Akintan Osadabay dismissed the suit filed by a factional candidate of the party, Mr Michael Akintan, and his deputy, Mrs Kemi Fasua, against the emergence of Edema as the governorship candidate of the party.
Edema had unanimously emerged as the candidate of the party after the former candidate of party, Israel Oluwatosin Ayeni, stepped down.
He subsequently chose Dr. Rotimi Adeyemi as his running mate.
Israel Oluwatosin Ayeni, who was the NNPP placeholder, was subsequently made the official spokesperson of the candidate and his campaign organization.
In an originating summons dated August 12, 2024 and filed by Engr. Akintan, Mrs. Kemi Fasua, Dr. Gilbert Major Agbo, and Comrade Oginni Olaposi, the claimants challenged the emergence of Edema as the candidate of NNPP.
The claimants, through their attorney, Monday Ojore Mawah, prayed the court that in light of sections 77 (2) and 77(3) of the Electoral Act 2022, the third plaintiff is required to submit the register of members to the Independent National Electoral Commission (INEC) no later than 30 days before the party’s primary, held on April 26, 2024.
They further prayed that the court to determine, based on section 77(3), whether the respondent whose name does not appear in the submitted register of the third plaintiff, can validly claim membership in the party as of the primary date.
The claimants sought injunctive and declarative reliefs, including a perpetual injunction to restrain Edema from presenting himself as a member of the candidate of the NNPP in Ondo State for the November 16 governorship election.
But the respondents, through their attorney, Mr Rotimi Olorunfemi, asked the court to dismiss or strike out the suit for constituting a gross abuse of the court process.
He held that the suit was supposed to be filed at the Federal High Court, being a pre-election matter.
Olorunfemi said the issue of jurisdiction is a matter that goes to the root and the competence of a court adjudicatory power on a suit before it. Since the court has no jurisdiction, the case should be dismissed with cost against the claimants.
Handing down her judgment, Justice Osadabay struck out the suit for lack of jurisdiction. She said since the case fell within the pre-election matter, it is only the Federal High Court that has jurisdiction to entertain the case.
She, therefore, awarded N100.000 against the claimants.
Edema was a former member of Ondo State House of Assembly and Chairman of Ondo State Oil Producing Area Development Commission (OSOPADEC).
Reacting to the judgment, the governorship candidate of NNPP said the judgment has laid to rest the issue of whether he is a member or a candidate of NNPP.
He said: “We knew a lot of people who are our adversaries were looking forward to dividing us.
But thank God, apart from the judgment of this court, we have come together as a party to be one family.
“So we are going to walk into this election as one family of NNPP. So, to the glory of God, the people of NNPP should rest assured that their candidate of NNPP is now on the ballot in the eye of the Law and squarely. And come Saturday the 16th of November 2024, we are winning with the support of the people of NNPP and God.”
Similarly, Akintan said he was ready to accept Edema as the candidate of the party. He said the court has decided the candidate and he would abide by the decision.
