The Court of Appeal in Abuja has affirmed the candidature and nomination of the immediate past governor and deputy governor of Osun State, Adegboyega Oyetola and Benedict Alabi in the July 16 governorship election in Osun. The court set aside the Sept. 30 ruling of the Federal High Court, Abuja, delivered by Justice Emeka Nwite, stating that the outcome of a governorship primary was a collective decision of a party, through its congress, that could not be rendered illegal by constitutional challenge or deformity of any officer of the party.
The nullification was on the grounds that Gov. Mai Mala Buni of Yobe, who submitted their name to INEC, violated the provisions of Section 183 of the Constitution and Section 82 (3) of the Electoral Act, 2022.
In his judgment, Justice Emeka Nwite agreed with the submissions of the Plaintiff’s counsel and declared as null and void the nomination of Oyetola and Alabi by the APC.
However, the appeal with no: CA/ABJ/CV/1099/2022 between Isiaka Adegboyega Oyetola & Anor v PDP & Ors, authenticated the nomination of the duo. The court, therefore, held that notwithstanding the defects in the letter forwarding the nomination and sponsorship of Oyetola and his running mate to INEC, the fact that they emerged from a valid primary cannot be ruled out.
The court then went on to question Nwite for his failure not to consider a classical precedent judgment delivered by the Supreme Court of Nigeria in Jegede v INEC before he arrived at his judgment.
The court concluded by awarding N200,000 in favour of the appellants.
