Ondo 2020: Akeredolu wins in Court Again

Governor Rotimi Akeredolu of Ondo state on Wednesday recorded another victory as a federal High Court sitting in Abuja dismissed a suit challenging the validity of the July 20, 2020, primary election which produced the Governor as candidate of the All Progressives Congress in the October 2020 election in the state.

The court in a judgement delivered by Justice Iyang Epo held that the suit was statue barred, while adding that it was filed outside the 14 days prescribed by law.

The suit was filled by one of the aspirants, Jumoke Anifowose, whose prayer before the court was for the Election to be declared null and void.

Anifowose had in the suit filed on her behalf by her lawyer, Adesina Oke, challenged the indirect primary election which produced Akeredolu as the nominated governorship candidate of APC.

According to her, Section 87 of the Electoral Act and Article 20 of the APC constitution and other relevant election guidelines were violated in the primary election by the State Executive Committee and Local Government Committee of APC that conducted the primary election.

Anifowose, therefore, applied for an order of the court declaring the primary election as invalid.

She also prayed the court to prohibit APC from submitting Akeredolu’s name as its governorship candidate and stop parading himself as a gubernatorial candidate.

But Justice Ekwo upheld the preliminary objection against the suit by Akeredolu and APC who claimed that the Court action was grossly incompetent as it was not filed within 14 days required by law and by that the court lacked jurisdiction to entertain the suit.

Although Justice Ekwo stressed that Akeredolu was nominated by APC on July 20, and the plaintiff instituted the suit on July 29, which fell within 14 days stipulated by law, the suit however became incompetent due to the withdrawal of the initial originating summons and its substitution on August 20 by the plaintiff.

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The Court held that the substitution of the second originating summon was done outside 14 days required by law, and therefore became an invalid suit by the provision of section 285 of the 1999 constitution.

The Judge said, “Let me make it clear that a careful perusal of facts in this matter showed that the first defendant, Akeredolu was nominated on July, 20, 2020, and the plaintiff came to court on July 29, 2020.

“A new dimension however emerged when the plaintiff on August 20, 2020, substituted the originating summon of the July 29, with another one due to the error discovered in the first one that sued the office of the governor that did not participle in the disputed primary.

“This substitution having not been done within 14 days allowed by Section 285 of the 1999 constitution, makes this suit statued barred and constitutionally dead.”

Justice Ekwo subsequently dismissed the suit on the ground that it was grossly incompetent to stand in the face of the law.]