Jimoh Ibrahim asks court to nullify Ondo APC governorship primary
Jimoh Ibrahim, Senator for Ondo South, has petitioned a Federal High Court in Abuja to overturn the primary election that resulted in Governor Lucky Aiyedatiwa being named the All Progressives Congress governorship candidate for the upcoming election in Ondo State.
Ibrahim, in a suit dated FHC/ABJ/CS/588/2024, informed the court that the April 20 primary election that produced Aiyedatiwa was marred by several irregularities.
The senator, who campaigned for governor, claimed that the primary election was illegal.
He alleged that the primary election was conducted in egregious violation of Sections 221, 228 of the 1999 Constitution, as well as Section 84 of the Electoral Act 2022.
He claimed that several delegates who may have voted for him in the primary election were not accredited to vote, causing the election to be set aside and invalidated.
He petitioned the court to prevent the Independent National Electoral Commission from admitting Aiyedatiwa as the APC governorship candidate in the state’s gubernatorial election on November 16.
He also requested a perpetual injunction barring Aiyedatiwa from presenting himself as the APC governorship candidate.
Ibrahim further requested the court to overturn the alleged primary election and order the APC to hold a new one in accordance with Sections 221, 228 of the 1999 Constitution and Section 84 of the Electoral Act 2022.
The senator implored the Federal High Court to remove the names of APC and Aiyedatiwa from the list of political parties and candidates that will run for governor.
The lawsuit also asked for the APC and Aiyedatiwa to lose all of their powers, with the exception of holding new primary elections that are legitimately held in order to nominate candidates for governorships.
During the proceedings on Wednesday, Chris Uche (SAN), the attorney representing Ibrahim, filed an ex-parte application seeking an order for substituted service of the court process on Aiyedatiwa through any APC staff at the national secretariat in Abuja.
Justice Inyang Ekwo approved the request in a brief ruling, ordering that the suit’s process be served on the Ondo State governor through the APC.
In his words:
“Leave is granted the plaintiff/applicant to serve the originating summon and all other processes of this court in this suit on the second defendant by substituted means to wit; by delivery of same to any staff at the All Progressives Congress, national headquarters, at No: 40, Blantyre Street, Off Adetokunbo Ademola Crescent, Wuse 2, Abuja, being the political party of the second defendant.
“Service to be effected within two days of this order. Case adjourned till May 14, 2024, for mention.”
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