The Supreme Court has provided an explanation for its dismissal of an appeal filed by the Peoples Democratic Party (PDP) aimed at nullifying the election of Gboyega Oyetola, the immediate past governor of Osun State, in the July 16, 2022 governorship election. A five-member panel led by Justice Chima Nweze stated on Thursday that the appeal lacked merit, prompting the PDP’s lawyer, Kehinde Ogunwumiju, SAN, to withdraw the case.
The PDP had sought the Supreme Court’s affirmation and reinstatement of a judgment from the Federal High Court in Abuja, which had nullified the nominations of Oyetola and his deputy, Alabi, as candidates for the All Progressives Congress (APC) in the governorship election. Justice Emeka Nwite of the Federal High Court ruled that their nominations were invalid because they were endorsed by an acting chairman of the APC, Mai Mala Buni, who is also the serving Governor of Yobe State. The court found that Buni’s dual roles contravened Section 183 of the Constitution, which prohibits individuals from holding dual executive positions.
In the case marked “FHC/ABJ/CS/468/2022,” the court determined that Buni’s submission of Oyetola’s and Alabi’s names to the Independent National Electoral Commission (INEC) violated both Section 183 of the Constitution and Section 82(3) of the Electoral Act, 2022, rendering the decision a legal nullity. In response, the APC, represented by a team of lawyers led by Dr. Abiodun Layonu, SAN, argued that the high court’s judgment was flawed and resulted in a significant miscarriage of justice. The APC filed an appeal in December of the previous year at the Court of Appeal, which subsequently set aside the high court’s judgment.
The APC contended that the PDP lacked the necessary legal standing to initiate the action, asserting that the PDP had no right to interfere in the internal matters of another political party. Additionally, the APC argued that, according to Section 84(14) of the Electoral Act, 2022, only an aspirant who participated in the primary election that produced Oyetola and his deputy could challenge the compliance of the nomination process with the Act or the electoral guidelines of the political party. The APC maintained that Section 284(14)(1) of the 1999 Constitution, as amended, permits a political party to contest the actions of the electoral body, INEC, only when there is a failure to comply with the provisions of the Act regarding candidate nominations. Ultimately, the appellate court vacated the high court’s judgment, a decision that was later upheld by the Supreme Court.
Comments are closed for this story.