From Laide Raheem, Abeokuta
A Federal High Court, sitting in Abeokuta, on Friday, nullified the candidature of the African Democratic Congress (ADC) governorship flag bearer in Ogun State, Biyi Otegbeye, noting that the primary election which produced him was not monitored by the Independent National Electoral Commission (INEC).
The court affirmed that the primary was held in violation of the Electoral Act, while noting that the candidature of Otegbeye is against provisions of Electoral Act.
The court ruled that Otegbeye is not the valid candidate of ADC for the governorship election, ordering the INEC to remove his from its website.
The order came following a suit filed by the Ogun State chapter of Labour Party against the INEC and the ADC with Otegbeye as the 3rd defendant.
The court further said it was against the act for INEC not to have monitored the primary that saw the emergence of Biyi Otegbeye as ADC guber candidate.
Similarly, the court nullified all the House of Assembly primaries conducted by the ADC in the state for its failure to adhere to the Electoral Laws.
The Presiding Judge, Justice Adetayo Aluko also ordered the Independent National Electoral Commission (INEC) to remove all the names of the 26 candidates from its website.
The judgement which was as a result of the suit brought before the court by the All Progressives Congress (APC) against the ADC and INEC, sought for five grounds for determination by the court.
Justice Aluko in his judgement said since the 3rd defendant agreed that it did not monitor the primaries, the action violated the electoral act and the constitution.
Reacting to the ruling, Ifenla Oligbinde, the Legal Adviser to the
African Democratic Congress, in a statement said: “While awaiting details of the judgement, our Legal team have been instructed to appeal the said judgements.
“We are of the firm opinion that the processes through which all our candidates emerged, are in genuine conformity with extant provisions of the electoral act and constitution of the Federal Republic of Nigeria.
“We have no doubt whatsoever that the validity of all our candidates will be sustained on appeal.
“We urge all our party members and supporters to remain calm and focused on their campaign efforts.
“This pattern of distraction cannot change our resolve to form a pro-people’s government in Ogun State in 2023”.