The candidate of the Zenith Labor Party, ZLP, for Akoko South-East/South-West federal constituency in the 2023 general election, Mr. Ogunleye Emmanuel Teloye, has asked the Akure division of the Federal High Court to disqualify the candidate of the All Progressives Congress, APC, Mr. Adegboyega Adefarati, from participating in the February 25th election.
In a suit filed his lawyer, Mr. Tolu Baleye, at the Federal High Court, Akure, Teloye also sought an order of the court restraining the Independent National Electoral Commission, INEC, from recognizing and/or accepting the nomination of Adefarati by the APC, as it’s candidate for the House of Representatives seat of Akoko South-East/ South-West federal constituency of Ondo State.
In the suit, tagged FHC/AK/CS/137/2022, Babaleye had on Thursday told the court that Adegboyega emerged from a primary election held on 29th of November, 2022, in contravention of extant laws, and therefore his nomination and candidature is illegal, null and void.
The lawyer further argued that the primary election, through which Adegboyega emerged was conducted less than 180 days to the general election, against Section 29(1) of the Electoral Act.
Babaleye also faulted the consent judgement on which the APC relied on to conduct the November 29 primary election, adding that the party can’t be allowed to use the court of law to correct what it wilfully and knowingly failed to do right under the statutory provisions as it’s statutory obligation.
The lawyer also argued that the APC, having admitted to contravening Section 84(13) of the Electoral Act, and its guidelines and the APC Constitution 2014 (as amended), through the consent judgement, can not be allowed to benefit from it’s wrongs and hold a fresh primary election for the constituency.
Speaking with journalists at the court, Babaleye said, “We are here to ask the court, whether it is allowed for a political party that missed it’s opportunity to conduct a proper primary election to have a second bite of the cherry. That is the summary of the ZLP’s case against the APC today. We expect the court to do justice.”
Meanwhile, the presiding judge, Justice T.B. Adegoke, adjourned the case for judgement, to a date to be communicated to all the parties.
