• Akure Division Won’t Change Our Constitution – Ibrahim
The Chief Judge of the Federal High Court, Justice John Terhemba Tsoho has approved the transfer of the suit filled by senator Jimoh Ibrahim over the April 20 Ondo state governorship primary election of the All Progressives Congress (APC) from Abuja to Akure division of the court.
The APC had in its letter by Matthew Bukkar SAN, dated May 12, but received in Chief Judge’s Office on May 13, 2024, claimed that the primary election being challenged was conducted in Akure, the Ondo State capital.
It explained that it has a functional office in Akure with State Working Committee on ground and that the electoral body also has office in Akure.
Besides, APC said that Governor Lucky Aiyedatiwa, whose candidacy is being challenged, is resident in Akure.
The party, therefore, said that Akure division of the Federal High Court is the approximate convenient place for the case to be determined.
The Special Assistant to the Chief Judge, Joshua Ibrahim Aji, Esq , in a letter dated May 22,2024 and addressed to Bukkar said the decision to transfer the suit was taken after considering the reply of Ibrahim’s Counsel, Chief Chris Uche, SAN.
The letter obtained on Monday by RAYOPOST reads, ” I am directed by His Lordship, the Honourable, The Chief Judge to inform you that action has been taken by transferring this case to the Federal High Court. Akure, after considering the Reply from Chief Chris Uche, SAN of Counsel for the Plaintiff, to the 1″ Defendant’s application.
” Please, accept the esteemed regards of His Lordship, the Hon., The Chief Judge.”
Ibrahim, who is representing Ondo South in the Senate, is praying the court to cancel the nomination of Aiyedatiwa as APC candidate on the ground that the April 20 primary election that produced him was unlawful.
In the suit instituted on his behalf by a Senior Advocate of Nigeria Chief Chris Uche , Ibrahim alleged that the poll was marred with a lot of irregularities.
Among others, the Senator claimed that sections 221, 228 of the 1999 Constitution and that of 84 of the Electoral Act 2022 were grossly violated in the conduct of the disputed primary election by the APC.
He alleged that some delegates who could have voted for him at the primary election were not accredited to vote thereby making the primary election liable to be set aside and nullified.
He is therefore praying the court to bar INEC from accepting Governor Aiyedatiwa as the APC governorship candidate in the coming November 16 gubernatorial election in Ondo State.
The Senator also sought an order of perpetual injunction prohibiting governor Aiyedatiwa from holding himself out or parading himself as the APC governorship candidate.
Similarly, Ibrahim wants the court to set aside the purported primary election and compel the APC to conduct a fresh one in compliance with sections 221, 228 of the 1999 Constitution and that of 84 of the Electoral Act 2022.
The aggrieved governorship aspirant prayed the Federal High Court to delist the names of the APC and Aiyedatiwa from the political parties and candidates that would participate in the gubernatorial poll .
Plaintiff further requested that APC and Governor Aiyedatiwa be stripped of all rights except a fresh primary election is lawfully conducted for the purpose of nominating candidates for the governorship election.
The presiding judge in the Abuja division, Justice Inyang Edem Ekwo had fixed May 29 for the continuation of the suit but with the latest development, the case will no longer continue in the Federal Capital Territory.
Meanwhile, Senator Ibrahim in his reaction to the development has assured his supporters to remain calm over the decision of the Court to transfer the suit to Akure division.
The Igbotako born business mogul said the Federal High Court sitting in Akure would not alter the constitution of the country.
