A Federal High Court in Lagos has fixed April 8 to rule on a suit praying for the nullification of the All Progressives Congress governorship candidate in Lagos, Akinwumi Ambode.
The plaintiffs, Olorunfemi Oluwatosin and Dada Joseph, are seeking an order of perpetual injunction restraining the Independent National Electoral Commission from allowing APC to field any governorship candidate for the April 11 poll in Lagos.
The plaintiff’s argument was that the party’s primary that produced Ambode as the APC governorship candidate for Lagos was fraught with and predicated on irregularities.
The plaintiffs argued that, in line with the provisions of the Constitution and the Electoral Act, the party ward congress was meant to be conducted only in the 20 existing Local Government Areas in the state.
Besides, they argued that the non-use of open ballot system during the ward congresses was unprocedural and illegal.
In their originating summons, which was filed shortly before the APC ward congresses last year, the plaintiffs, who are members of the party had asked the court to restrain all the aspirants from participating in the primary.
Apart from APC and INEC, also listed as defendants in the suit are Senator Ganiyu Solomon, Dr. Leke Pitan, Akin Ambode, Tayo Ayinde and Olasupo Shasore.
Others are Dr. Obafemi Hamzat, Mrs. Tokunbo Agbesanwa, Dr. Tola Kasali, Adeyemi Ikuforiji, Lanre Ope, Tokunbo Wahab, Adekunle Disu and Abayomi Sutton.
Meanwhile, in response to the plaintiffs’ claims, APC had filed a preliminary objection.
The party is contending that Justice Mohammed Yunusa lacked jurisdiction to adjudicate over the matter and that the plaintiffs have no locus standi to institute the action.
The party maintained that inasmuch as the plaintiffs did not participate in the primary, they had no legal right to complain about the manner in which it was conducted.
It added, “The conduct of the ward congresses for Lagos State gubernatorial primary nomination was done in the constitutionally recognised 20 Local Government Areas in Lagos State and not in the 37 Local Council Development Areas as alleged by the plaintiffs.
“The plaintiffs have not disclosed any injury that the conduct of the ward congresses in the 20 Local Government Areas and 37 Local Council Development Areas have caused them either individually and or collectively.”
The party described the plaintiffs’ case as academic, an abuse of court processes and one that was targetted at embarrasing the party.
It therefore asked the court to immediately dismiss it.
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