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JUST IN: Appeal Court Delivers Verdict On Oyetola’s Nomination (DETAILS)
JUST IN: Appeal Court Delivers Verdict On Oyetola’s Nomination (DETAILS)
The Court of Appeal in Abuja has confirmed the candidacy and nomination of Adegboyega Oyetola, the APC governorship candidate in the July 16 governorship election in Osun, and his running mate, Benedict Alabi.
Oyetola and Alabi are the state’s immediate past governor and deputy governor, respectively.
The court overturned Justice Emeka Nwite’s ruling from the Federal High Court in Abuja, which had nullified Oyetola and Alabi’s nomination as APC governorship and deputy governorship candidates.
On September 30, a Federal High Court in Abuja ruled that Oyetola’s nomination and that of his running mate, Alabi, were invalid.
The nullification was based on the fact that Yobe Gov. Mai Mala Buni, who submitted their names to INEC, violated Section 183 of the Constitution and Section 82 (3) of the Electoral Act, 2022.
In his decision, Justice Emeka Nwite agreed with the Plaintiff’s counsel and declared the APC’s nomination of Oyetola and Alabi null and void.
In the suit, the PDP, through its counsel, Kehinde Ogunwumiju, dragged Buni and four others before the court, challenging the nomination and sponsorship of Oyetola and his running mate as the APC’s duly nominated candidates.
However, on Friday, the Appeal Court in Abuja, in appeal no: CA/ABJ/CV/1099/2022 between Isiaka Adegboyega Oyetola & Anor v PDP & Ors, authenticated the duo’s nomination.
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In granting Oyetola’s and his party’s appeal, the Court of Appeal stated that the outcome of a governorship primary is a collective decision of a party through its congress.
It stated that any constitutional challenge or deformity of any party officer cannot render it illegal.
The court thus held that, despite the flaws in the letter forwarding Oyetola’s nomination and sponsorship to INEC, the fact that they emerged from a valid primary cannot be ruled out.
It argued that the failure of Buni to sign the letter conveying the appellants’ nomination could not be used to reject the results and desires of the party’s primary election.
Concerning Buni’s immunity, who submitted the appellants’ nomination to INEC, the court held that Buni could not be sued because his immunity protected him from civil and criminal suits.
The court questioned Nwite about his failure to consider a classic precedent judgment delivered by the Supreme Court of Nigeria in Jegede v INEC before reaching his decision.
It also awarded the appellants N200,000 in costs.
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