• Declares Buni’s actions as APC chairman nullity
• We’re going on appeal, says Oyetola’s lawyer
A Federal High Court in Abuja has nullified the nomination of Governor Isiaka Oyetola of Osun State and his Deputy Governorship candidate, Benedict Alabi on the ground that Governor Mai Buni, who submitted their names to the Independent National Electoral Commission, violated the provisions of Section 183 of the constitution of the Federal Republic of Nigeria and Section 82(3) of the Electoral Act 2022.
Oyetola and Alabi contested the July 16 governorship election on the platform of the All Progressives Congress.
But counsel for Oyetola, Kunle Adegoke, SAN, who confirmed the judgement to our correspondent, said that they would appeal the verdict.
“Definitely, we’re going on appeal straight away, no alternative to appeal,” he said.
On April 7, 2022, a legal practitioner, Kehinde Ogunwumiju, SAN, had commenced a suit between the Peoples Democratic Party vs Mai Buni & 4 Ors at the court challenging the nomination and sponsorship of Oyetola and his deputy as the duly nominated candidates of the All Progressives Congress.
In challenging the competence of the suit, Adegoke contended, amongst other grounds, that the plaintiff did not have the locus to commence the action and that the suit was statute-barred.
In his opposing arguments, Ogunwumiju, who led Muyiwa Atoyebi, SAN, and Ademola Abimbola submitted that the plaintiff rightly commenced the suit under Section 285(14) (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
Delivering his judgment on Friday evening, Justice Emeka Nwite agreed with the submissions of the plaintiff’s counsel and declared as null and void the nomination of Governor Isiaka Oyetola and Benedict Alabi by the APC.
The court also held that Governor Mai Buni acted in contravention of the provision of Section 183 of the Constitution when he held dual executive positions as the Governor of Yobe State and the Chairman of the National Caretaker Committee of the APC.
The court held that the steps or decisions taken by Governor Mai Buni, including forwarding the names of Governor Isiaka Oyetola and Benedict Alabi to INEC, amounted to a nullity in law.
