Appeal court reinstates Adebutu, other Ogun PDP candidates; Senate President loses APC Senatorial ticket
The Court of Appeal in Ibadan has reinstated Ladi Adebutu as the governorship candidate of the Peoples Democratic Party in Ogun State.
The court also reinstated all other candidates of the PDP in Ogun by setting aside the judgment of an Abeokuta Federal High Court, which nullified all the primary elections conducted by the PDP.
Recall that Justice O. Oguntoyinbo had nullified the candidacy of Adebutu and others, following a suit filed by Segun Seriki and others.
Ruling on Monday, Justice Folasade Ojo said it is only the National Working Committee of the party that has the power to nominate and conduct a primary election.
The appellate court maintained that any primary conducted without the approval of the party’s NWC is null and void.
The lower court’s judgment was set aside for lack of jurisdiction.
Ojo directed the Independent National Electoral Commission to reinstate all PDP candidates.
The PDP in Ogun is factionalised with three different candidates parading themselves as governorship candidate but the party’s headquarters in Abuja recognises Ladi Adebutu as the governorship candidate for the 2023 general election.
Meanwhile, Justice Inyang Ekwo of the Federal High Court Abuja has fixed December 1, 2022, for judgment on the 2023 governorship ticket of the PDP in Ogun.
At the centre of the dispute are Adebutu and Jimi Lawal both governorship aspirants of the PDP who laid claim and counterclaim to the ticket.
Lawal, who contested the May 25 governorship primary of the PDP, had challenged the emergence of Adebutu, alleging that an unlawful and invalid delegates list was fraudulently used by the party to conduct the election.
Among others, Lawal had prayed that the purported primary of May 25 be cancelled and another be conducted with the authentic Adhoc delegates.
However, Justice Taiwo Taiwo of the Federal High Court in his judgment delivered on July 29 declined to hear the suit of Lawal on merit on the grounds that the primary was a domestic affair of any political party and dismissed the suit.
The Supreme Court subsequently on November 21 ordered the Federal High Court to hear on merit, the suit instituted against PDP and Adebutu by Lawal.
Justice Ibrahim Saulawa of the apex court ordered a speedy hearing of the suit after holding that the Federal High Court has jurisdiction to entertain the case.
Justice Ekwo, in compliance with the Supreme Court order, heard the case expeditiously in view of the fact that the case would lapse by December 2.
Justice Ekwo said he will deliver judgment in the suit on December 1, 2022.
Also, the President of the Nigerian Senate, Dr Ahmad Ibrahim Lawan has lost the battle for the Senatorial ticket of Yobe North Senatorial District on the platform of the All Progressives Congress APC.
The judgement was delivered at the Court of Appeal on Monday in Abuja
The Appellate Court affirmed Bashir Sheriff as the authentic candidate of the APC for Yobe North Senatorial District of Yobe State.
In a judgement by a three-member panel led by the president of the court, Monica Dongban-Mensen, the appellate court dismissed Senate President Ahmed Lawan’s appeal as lacking in merit.
Mr Lawan filed an appeal challenging the decision of Justice Fadimatu Aminu of the Federal High Court, Damaturu.
Ms Aminu had, on September 28, declared Mr Machina as the winner of the primary election organised by the APC in May, while Mr Lawan opted to contest the presidential primary election in June.
The judge nullified the parallel primary election that produced Mr Lawan on June 9.
Consequently, the trial judge ordered the APC to forward Mr Machina’s name to INEC as the authentic winner of the primary held in May.
Mr Lawan, had picked the presidential form of the APC and participated in the primary election that Bola Tinubu won.
Meanwhile, Mr Machina contested and won his bid to take over as the candidate of the party for the senatorial contest.
However, Mr Machina was asked by the ruling APC to step down for Mr Lawan, but he insisted that he would not withdraw for the senate president.
In the face of the controversy, the APC submitted Mr Lawan’s name to the Independent National Electoral Commission as its senatorial candidate for Yobe North.
Aggrieved by the development, Mr Machina headed to court to seek redress, praying the court to declare him as the valid elected senatorial candidate of the APC for the 2023 election.
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