Olugbenga Edema, the governorship candidate of the New Nigeria Peoples Party (NNPP) in Ondo, has asked a federal high court to disqualify Lucky Aiyedatiwa from participating in the election.
The state governorship election is slated to take place on November 16.
In an application, Edema said the court should compel the Independent National Electoral Commission (INEC) to withdraw the nomination of Aiyedatiwa, the incumbent governor of Ondo and candidate of the All Progressives Congress (APC), from participating in the election.
He said Aiyedatiwa and his deputy were elected in an invalid party primary election conducted by the APC on April 20.
The NNPP candidate said the primary election was in contravention of the provisions of the Electoral Act, 2022, adding that the court should interpret the application of section 15 of the third schedule to the 1999 Constitution.
“Let 1. The Independent National Electoral Commission (INEC); 2. All Progressives Congress (APC); 3. Lucky Orimisan Aiyedatiwa; and 4. Olayide Owolabi Adelami,” the court document reads.
“Within Seven (7) Days after service of these Summons on them, inclusive of the day of such service, cause an appearance to be entered for them to this Summons, which was issued upon the application of HON. OLUGBENGA OMOGBEMI EDEMA and NEW NIGERIAN PEOPLES PARTY, who are interested in the interpretation and application of the Section 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as Amended), Sections 82 (1)(5); 84 (1)(2)(4a,b)(13) of the Electoral Act, 2022 and the Time Table and Schedule of Activities issued by the Independent National Electoral Commission for the Ondo State 2024 Governorship Election as well as other relevant laws and constitutional provisions.
“Whether the 1st Respondent is not bound or obligated to adhere to the clear and mandatory provisions Section 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended); and Sections 82 (1)(5); 84 (1)(2)(4a,b)(13) of the Electoral Act, 2022, in determining which political party should be included in the list of political parties for election in the Ondo state gubernatorial election coming up on the 16th November, 2024.
“Whether by the combined provisions of Section 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended); and Sections 82 (1)(5); 84 (1)(2)(4a,b)(13) of the Electoral Act, 2022, the 2nd Defendant conducted a valid primary election for the purpose of presenting candidates for the forthcoming Ondo State gubernatorial election slated for the 16th of November, 2024 to entitle the 1st Defendant to include its candidates in the final list of candidates published on the 7th day of November, 2024.
“Whether by the provision of section 84(13) of the Electoral Act, 2022, the 1st Defendant is not obligated to exclude/delist the names of the 3rd and 4th Defendants, being the candidates of the 2nd Defendant, from the list of approved candidates for the forthcoming Ondo State gubernatorial election slated for the 16th November, 2024, having been nominated from an invalid Party Primary election conducted on the 20th of April 2024.”
Edema left the APC to join the NNPP in June after he lost in the party’s primary election to Aiyedatiwa.
He was among the party’s aspirants who alleged that the election did not hold in most parts of the state.
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