2023: Court nullifies PDP Ekiti North Senatorial primary election
A Federal High Court sitting in Ado-Ekiti, on Tuesday, has nullified the primary election conducted by the Peoples Democratic Party PDP for Ekiti North Senatorial District, Newsflash Nigeria learnt.
The presiding judge, Justice Babs Kwewumi ordered the PDP to conduct a fresh primary.
Prince Funso Ayeni won the PDP North Senatorial District primary election conducted in May 2022 but the court nullified the election on Tuesday, November 29, saying Ayeni was not validly elected in line with the provisions of the Electoral Act 2022.
Newsflash Nigeria learnt that one of the aspirants for the senatorial position, Hon. Emmanuel Kehinde Agboola, approached the court challenging the emergence of Funso Ayeni and that the election did not take place at the venue of the primary.
The plaintiff, Agboola, challenged the defendant’s election on the ground that did not in line with the provisions of the Electoral Act 2022 and prayed the court to nullify the exercise and give every aspirant equal opportunity to test their popularity.
The Judge said all the complaints made by the plaintiff (Emmanuel Agboola) were substantial and nullified the election following the primary election conducted in the state by PDP in May 2022 and did not in line with the provisions of the Electoral Act 2022. The court ordered a fresh primary.
The presiding judge, Justice Babs Kwewumi declared the election non and void on the grounds that it contravened the various sections of the laws of the land such as Section 84, particularly of the electoral act, article 17 of the INEC regulations in respect of primary elections.
In an interview, counsel Hon. Agboola, Samson Ayodeji Aina remarked”, the court has said in its wisdom that the election contravened all these provisions and that the PDP which is the second respondent in our action should go back and conduct a fresh primary election. And we are glad over the judgment. Unfortunately, the court didn’t specify a date that the election to be conducted. But I tell you it has to be done because it is an order from the court. So we will process the judgment and put up a cover letter to it and serve parties concerned”.
Barrister Aina said the party can only fix a date at their discretion but it must know that the primary election must be conducted, adding that the court has said that any conduct of such primary election outside the headquarters of the Senatorial District is non-and void. He advised that they have to be careful at this time not to fall prey to the rules of the court.
Explaining further the counsel said what happened was that the election shifted in the twilight of the election day. And the court said it is a shenanigan which is against the rules of the law. “If you reschedule any party primary election, you have to give the Independent National Electoral Commission, INEC, seven days for the rescheduling of such election. That’s the position of the law. You have to give them seven days’ notice. In this case, the notice was barely two minutes. INEC was given a letter at 3.53 pm and the election was conducted at exactly 4 pm. You can see. And the court said that’s not the way it should go.”
Hon. Agboola commended the position of the court, stressing the importance of seeking redress through appropriate channels when aggrieved. He believed that with time the entire process will run its course.
Reacting, the Candidate of PDP in Ekiti North Senatorial district, Funso Ayeni has declared that he is ready to face another party primaries and is confident that the mandate will be restored by the delegates/electorates.
He thanked his supporters and advised them to remain calm and let get back to work to reaffirm the ticket again.
“Thank you for your support and I am in awe of the solidarity, calls, prayers and support I have gotten in the last couple of hours.
“Let me remind you all that my decision to represent the good people of Ekiti North is not borne out of selfish ambition but to bring representation closer to my people and do things differently in a positive manner.
“Let me assure you that we are not perturbed but strong-willed and resolute that our people have spoken before and their voice will be heard even louder than before.
“We await the party’s directive on the next line of action as we are prepared to face the election anytime/day such is slated for and focus on bringing everyone together to ensure victory for us and the party in the election come February.
“We are ready to face another party primaries and confident that the mandate will be restored by the delegates/electorates.
“Thank you for your support and let’s get to work,” he said.
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