A Federal High Court in Lagos on
Wednesday dismissed a suit seeking to stop the governorship candidate of
the All Progressives Congress in Lagos, Akinwunmi Ambode, from
contesting the April 11 polls.
Justice Mohammed Yunusa declared that the
plaintiffs had no locus standi to institute the action. The judge also
held that the plaintiffs failed to establish any reasonable cause of
action to sustain their prayers.
“None of the plaintiffs in the instant
suit is an aspirant to be conferred with locus standi,” Yunusa held as
he dismissed the suit.
The plaintiffs, Olorunfemi Oluwatosin and
Dada Joseph, who are members of the APC, had approached the court
seeking an order to restrain the Independent National Electoral
Commission from allowing the APC to field any candidate for Saturday’s
governorship elections in Lagos.
In the originating summons filed through
their lawyer, Samuel Adeniyi, the plaintiffs were challenging their
alleged disenfranchisement in the party’s primary that produced Ambode
in December last year.
They claimed that the primary was fraught with irregularities.
They alleged that the party’s ward
congresses, which were supposed to be conducted only in the 20
recognised local goverment areas of Lagos State, were also extended to
the 37 Local Council Development Areas of the state.
They also alleged that secret ballot
rather than open ballot system was used during the ward congresses,
arguing that same had rendered the process illegal, unconstitutional,
null and void.
The defendants in the suit were the APC, INEC and Ambode.
Also joined as defendants were the other aspirants who vied for the party’s governorship ticket with Ambode.
They are Senator Ganiyu Solomon, Dr. Leke
Pitan, Tayo Ayinde, Olasupo Shasore, Dr. Obafemi Hamzat, Mrs. Tokunbo
Agbesanwa, Dr. Tola Kasali, Adeyemi Ikuforiji, Lanre Ope, Tokunbo Wahab,
Adekunle Disu and Abayomi Sutton.
But the APC in its preliminary objection
contended that the court lacked jurisdiction to entertain the matter,
being an intra-party affair.
Besides, the party claimed that since the plaintiffs were neither delegates nor aspirants, they had no legal basis to complain.
It added, “The conduct of the ward
congresses for Lagos State governorship primary nomination was done in
the constitutionally-recognised 20 Local Government Areas of Lagos State
and not in the 37 Local Council Development Areas as alleged by the
plaintiffs.
“The plaintiffs have not disclosed any
injury that the conduct of the ward congresses in the 20 Local
Government Areas and 37 Local Council Development Areas have caused them
either individually and or collectively.”
The APC described the plaintiffs’ case as
academic, malafide, an abuse of court processes and one that was
targeted at embarrassing the party.
It therefore asked the court to
immediately dismiss it and award cost of damages against the plaintiffs
for instituting the action.
Yunusa, while dismissing the suit, upheld
the APC’s submission that the subject matter of the case was an
intra-party affair and that the plaintiffs failed to show that they had
sufficient interest to warrant the reliefs sought.
He, however, did not award any cost against the plaintiffs.
source: Punch
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