Ekiti Guber: APC speaks on Oyebanji disqualified by Abuja Court

Ekiti State chapter of the All Progressives Congress (APC) has debunked the news making the rounds that a court in Abuja had nullified the party’s governorship primary.

There was news circulated on social media that  Justice Inyang Ekwo of the Federal High Court, Abuja, on Thursday, disqualified the All Progressives Congress (APC) and its governorship candidate, Biodun Oyebanji, from participating in the June 18, 2022, Ekiti State governorship poll.

Justice Ekwo also held that the APC is not fielding any candidate in the election, having failed to comply with provisions of the Electoral Act as well as its guidelines in the conduct of party primary.

The court subsequently sacked the APC and Oyebanji from participating in the governorship poll and ordered the Independent National Electoral Commission (INEC) to delist APC and Oyebanji from the list of political parties and gubernatorial candidates for the election or at any subsequent postponement.

In the suit marked FHC/ABJ/CS/528/22, Ekwo also ordered the APC to refund N22.5 million to Kayode Ojo, who was another APC governorship aspirant being the cost of nomination and expression of interest forms for the primary election failed to conduct.

Ojo, who was among the 8 aspirants, who purchased forms to contest the election under the APC platform, had sued the party, INEC and Oyebanji over his (Ojo’s) failure to secure the governorship ticket.

He claimed that he was robbed of the APC gubernatorial ticket in favour of Oyebanji and had prayed the court to hold that his party did not conduct a valid primary for the governorship poll.

Ojo also sought an order compelling INEC to delist APC and Oyebanji’s names from the list of political parties and gubernatorial candidates for the election or any subsequent postponement.

He, therefore, demanded N122.5 million damages from the APC, being the refund of payment for the expression of interest and nomination forms.

Justice Ekwo held inter alia: “It is my finding that the plaintiff has demonstrated upon a preponderance of the evidence that the gubernatorial primary election of the 1st defendant was not conducted in accordance with the provisions of Ss. 85 (2) and 87(1) of the Electoral Act 2010 (as amended) and Articles 17 (vi) and 18(e), (9) and (0 of 1) Defendant’s Guidelines for the Nomination of Candidates for the Ekiti 2022 gubernatorial election,” Justice Ekwo held.

The judge explained that the real issue that both the APC and Oyebanji seemed not to understand was not whether accredited members of the APC voted on at the primaries but whether there was any primary election at all conducted in accordance with the mandatory provisions of both the Electoral Act (as amended) and the APC’s Guidelines for the Nomination of Candidates for the Ekiti 2022 Gubernatorial Election-Direct Primaries (Option A4).

“When a primary election is illegal, the fact that such illegal election was monitored by the Nigeria Police (or other security agencies) as averred in paragraph 25 (i) of the 3rd defendant’s counter-affidavit is of no moment.

“The function of the Nigeria Police (or other security agencies) during the primary election or even election proper is not to monitor same,” he held.

The judge explained that the court was inclined to grant the relief for a refund of the sum paid by the plaintiff for the expression of interest form and nomination form since having voided the primary election APC cannot be allowed to benefit from its illegality.

“A declaration is hereby made that pursuant to the Electoral Act, 2010 (as amended) and 1st defendant’s guidelines for the nomination of candidates for the Ekiti 2022 gubernatorial election-direct primaries (Option A4), it is incumbent on the 1st defendant to conduct a primary election for the emergence of its gubernatorial candidate for June 18, 2022, or any subsequent date in compliance with the provisions of the said Electoral Act and guidelines of the political party.

“A declaration is hereby made that by virtue of the non-conclusion of 1st defendant’s primary election process in Ekiti State for the emergence of its gubernatorial candidate for June 18, 2022, gubernatorial election, or the conduct of the said primary election in contravention of the provisions of the Electoral Act 2010, it had no candidate at the said election.

“An order of mandatory injunction is hereby made compelling the 2nd defendant to delist the names of 1st and 3rd defendants from the list of political parties and gubernatorial candidates for the June 18, 2022, gubernatorial election or at any subsequent postponement.

“1st defendant is hereby ordered to refund the sum of N22,500,000 (Twenty-two Milion Five Hundred Thousand Naira) paid by the plaintiff to 1st defendant for the expression of interest form and nomination form upon total failure of consideration.

But Ekiti State chapter of the All Progressives Congress (APC) has debunked the news making the rounds that a court in Abuja had nullified the party’s governorship primary.

The state’s APC Publicity Secretary, Segun Dipe, urged Nigerians particularly Ekiti people and party members “to disregard the rumour and discountenance it as the forlorn wish of some desperate politicians in the state, which cannot come to pass”.

Dipe said in a statement titled, ‘Ekiti Guber: Biodun Oyebanji remains APC candidate, no court nullified Ekiti APC primary’ in Ado Ekiti that the party’s governorship candidate, Biodun Oyebanji, remained the leading candidate in Saturday’s election.

He said, “The warped rumour is a demarketing gimmick of some desperate opposition who are unmindful of the fact that they are causing further damage to their zero chances at the poll, instead of enhancing it.

 “While we do not expect anyone to take such mindless and baseless rumour serious, we, however, owe the public the duty of care and assurance that they should disregard the rumour, which is farthest from the truth.

“Yes, there were some cases filed by some disgruntled elements regarding the governorship primaries we organized in January this year, which saw to the emergence of Biodun Abayomi Oyebanji as the candidate of our party, but none has gone beyond the preliminary stage and all of them have been transferred back to Ekiti for hearing.

“No High Court is sitting on any matter regarding our primary in Abuja as at today.

“Furthermore, every matter relating to the primary has been adjourned till September this year.

“To the best of our knowledge, none is up for hearing at the moment. The only one perhaps is in the wildest imagination of our detractors, which cannot see the light of day. Our party remains focused on the coming election and sure of untainted victory at the end.”

“APC, therefore, calls on all electorate in the state to remain calm and unshaken in their resolve to ensure that their adored candidate, Oyebanji, and adored party, APC coast home to victory come Saturday, 18 June 2022,” Dipe stated.

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