Ogun PDP guber: Apex court dismisses Lawal’s appeal, others

By Vivian Okejeme, Abuja

TheSupreme Court, has dismissed four appeals filed by the Ogun state Peoples Democratic Party as regards 2023 governorship election, for no cause of action.

The dismissal of the appeals filed by one of the governorship aspirants, Otunba Jimi Lawal and some ward delegates was following their withdrawal of the matter.

In one of the appeals, filed by Tayo Olabode against the PDP governorship candidate in Ogun state, Hon. Oladipupo Adebutu, the appeal was dismissed on the ground that the delegates who filed the action lacked locus standi to do so.

The judgement read by Justice Kukere Ekun held that the delegates who claimed to have been disenfranchised in the PDP primary election that produced Oladipupo cannot initiate any court action against the primary election since they were not aspirants in the election.

According to the court, the law is clear that only an aspirant in a primary election conducted for the purpose of nominating candidates for election, can lawfully challenge the outcome and not any other party member.

Also, the second appeal was dismissed for failure to serve originating summon on the defendant.

The court held that since the aggrieved defendant participated in the matter from the beginning to the end, the issue of service can no longer take the front burner.

The counsel in the appeals marked SC/CS/1601/22 and SC/ CS/1602/22, Mr Deji Eniseyin had made concerted efforts to sway the Justices to the side of the Appellant, but succumbed when he admitted that his clients participated in the trial fully, though in protest.

The Ward delegates, through thier counsel, Tayo Olabode, alleged that they were disenfranchised from participating in the governorship primary election.

Specifically, he requested the court to quash the primary election that produced Adebutu on the ground that unlawful delegates conducted the primary election.

At Tuesday proceedings, the Justices put various questions to the lawyers in the appeals, which were answered negatively.

It was unanimously agreed in the open court that notwithstanding the anger of the aggrieved ward delegates, they are not legally permitted to challenge a primary election in which they were not aspirants.

Based on the findings, the counsel to the Appellant Chikwudi Enebeli and Deji Eniseyin, said that they were painfully withdrawing the cases of their clients.

Justice kekere-Ekun, consequently dismissed the appeals on the ground that they have no legs to stand upon.

Recall that the apex court had in a lead judgment by Justice Ibrahim Saulawa ordered speedy hearing of the suit after holding that the Federal High Court has jurisdiction to hear the matter.

In line with the Supreme Court’s order, on December 1, 2022,. a Federal High Court sitting in Abuja, dismissed a suit by Otunba Adebisi Lawal, a chieftain of the Peoples Democratic Party, seeking to remove Oladipupo Adebutu, as candidate of the 2023 Ogun state PDP governorship election.

Lawal and Adebutu, had both lay claim as the gubernatorial candidate of the party ahead the 2023 general elections.

Justice Inyang Ekwo in a judgment, held that he did not see any concrete documentary evidence by the Plaintiff to support his claim that an unlawful delegate list was used by the PDP to conduct the April 30, Ward Congress in Ogun state.

Justice Ekwo described the plaintiff as a spoiler adding that the suit is a product of an after thought.

R-L: Clerk House of Representatives Dr. Yahaya Danzaria, Chairman Ad-hoc Committee to Interface with Central Bank Nigeria and Commercial Banks on New Currency swap/ Leader of the house, Hon. Alhassan Ado Doguwa and a member of the Committee, Hon. Sada Soli, during the committees meeting with members, at the National Assembly, yesterday in Abuja