Justice Nnamdi Dimgba of the Federal High Court of Nigeria sitting in Abuja on Wednesday, 26th of October, 2016, has ruled that an application for interim injunction sought by Dr. Olusegun Abraham, the first runner-up in the controversial Ondo primary election of the All Progressives Congress (APC), has merit, and has therefore ordered the supposed winner, Rotimi Akeredolu (SAN), to appear before it by 12.00 noon on Friday, 28/10/16 to show cause.
It would be recalled that in a suit filed before the Federal High Court Of Nigeria, held on Abuja on Monday, 10th of October, 2016, Dr. Abraham, in a quest to get justice, had sought an interim order of injunction restraining the INEC, either by itself, agents or privies, from recognising or further recognizing Rotimi Akeredolu as the Governorship Candidate of APC in the Ondo State Governorship Election slated for 26/11/2016, pending the hearing and determination of the motion on notice already filed in the suit.
The suit also seeks an interim order of injunction restraining the APC from parading Akeredolu as the Governorship Candidate of the APC, and direct interim order of injunction restraining Akeredolu from parading himself as the Governorship Candidate of APC for Ondo State slated for 26/11/2016, pending the determination of the motion on notice already filed in this suit.
The application is supported by an 86 paragraph affidavit and a 10 paragraph affidavit of urgency deposed to by the plaintiff himself, which highlighted the issues with the delegates’ list used, the accreditation process and undue inducement of delegates.
The Court summoned Akeredolu to show cause why the ex-parte motion should not be granted. Other defendants to Abraham’s application, that is, the INEC, the APC, and its national chairman, Chief Oyegun, were all summoned to be in Court too.
In essence, the application by Abraham seeks a declaration that the action of the 3rd defendant (Oyegun) in unilaterally submitting the name of the 2nd defendant (Akeredolu) without the approval of the National Working Committee, National Executive Committee and Board of Trustees of the 1st defendant (APC) and despite the report of the Election Appeal Committee recommending the outright cancelation of the governorship primaries is ultra vires the third defendant.
It also a declaration that the purported governorship primary election in Ondo State held on the 3/9/2016 is in clear violation of sundry provisions of the APC Electoral Guidelines for Governorship Primary Election 2014 and provisions of the Constitution of All Progressives Congress, 2014 as Amended and therefore invalid, null, void of no effect and incapable of producing the 2nd Defendant as the Governorship candidate.
It therefore seeks an order setting aside the Ondo State Governorship Primary Election of the 1st defendant held on the 3rd of September, 2016 for non-compliance with provisions of the APC Elections Guidelines 2014 as Amended for Primary Elections, and Electoral Act 2010 as Amended, APC Constitution 2014 as Amended.
In a recent solidarity rallies held in Akure, the state capital and in Akoko , Dr. Abraham had stated that seeking redress in court was an option that could be explored in the pursuit of justice. He stated that the step was timely, considering the level of expectation for justice among the party faithful and the members of the public in Ondo, adding that it does not in any way tamper or obstruct any ongoing efforts and consultations being made within the party’s hierarchy to finding the best way to correct the flaw of the September 3rd primary that produced Akeredolu.
“I am not unaware of the yearning of the party faithful and the members of the public in Ondo for justice to be done regarding the irregularities of the September 3rd, 2016 primary election of our party, which ended up robbing most of them their rightful mandate. It is to this end that we explore the sanity of our Courts to seek redress for justice’s sake, while also, the efforts and consultations by our party leaders to right the wrongs, remain ongoing, pari passu”, Abraham said to a rousing crowd in Akoko.
The urgency attached to this suit puts the possibility of getting a final position on the matter, in the coming days.
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