A Federal High Court sitting in Abeokuta, the Ogun State Capital, has dismissed three different cases filed against the All Progressives Congress (APC) and its governorship candidate, Dapo Abiodun challenging the victory of the state governor at the party primaries conducted on May 26, 2022.
In the three cases decided, Justice Joyce Abdulmalik dismissed the cases for various reasons ranging from lack of standing to sue, to lack of jurisdiction, incompetence, frivolity, academic exercise and being statue barred.
The Judge also awarded a “joint cost” of N2m against the litigants and in favour of APC and its candidate in each of the three cases.
In the suit instituted by Sherifat Eweje against APC and Abiodun, the judge held that a person who did not participate in a primary for an office cannot invoke the limited jurisdiction of the court to challenge the outcome of that primary.
The judge remarked that Eweje bought a form for a legislative seat and did not buy a form for the governorship. The judge added that Eweje even withdrew her candidacy on May 10, 2022 long before she filed the suit and long before May 26, 2022 when the governorship primary held.
In that circumstance, the court concluded and declared that the plaintiff (Eweje) had no locus standi to bring the action. The court also held that the plaintiff’s suit is statute barred because it was filed more than 14 days after the cause of action arose.
Consequently, the court declared the suit incompetent and struck it out, describing all other issues raised in the case as academic issues, since the court has no jurisdiction.
The court awarded a joint costs of N2m in favour of 1st and 2nd defendants for the institution of the suit.
In the second case filed by Semiu Olanrewaju Alao, the court resolved the issue of locus standi first.
In the third case, Nuberu Adesanya & 2 Ors v. INEC & 3 Ors, the court cited the case of Alli Modu Sheriff v. PDP., to the effect that a political party is a voluntary club and its decisions are binding on its members who must obey the party or leave the party.
Ruling on objections raised by APC, the court agreed that under the APC Constitution, offences against the party include filing an action against party or its officials without first exhausting internal remedies. The court found that the purported complaint filed by plaintiffs was misdirected as under the party constitution, it must start from the ward level and climb its way up.
The court held that the plaintiff did not exhaust the internal remedy of the party and the case filed was “not justiciable”.
