Ogun 2023: Court dismisses Lawal’s suit, affirms Adebutu as rightful PDP candidate
Justice Inyang Ekwo of the Federal High Court on Thursday in Abuja affirmed the election of Hon. Oladipupo Adebutu as the lawful candidate of the Peoples Democratic Party (PDP) in next year’s governorship election in Ogun State.
Justice Ekwo, in affirming the election of Adebutu by his party, held that the plaintiff, Mr Jimi Adebisi Lawal, failed to prove that the PDP breached its laws in selecting its flag bearer for the March 11, 2023 governorship poll.
According to the judge, Lawal failed to provide reliable and credible evidence to support his case of electoral malpractice.
Justice Ekwo accordingly dismissed the suit for being incompetent and lacking in merit.
Justice Ekwo held that the plaintiff failed to establish his allegation that the primary election was not conducted in compliance with the 1999 Constitution, as amended, section 84(1), (2), (5b) and (8) of the Electoral Act 2022, as well as Article 25 (1a) and (2c) of the PDP Constitution.
The court held that evidence before it proved that Adebutu duly won the indirect primary election that was organised by the party and monitored by INEC, having polled a total of 714 votes.
It held that contrary to the plaintiff’s claim, the PDP, through its Ogun State Chairman, had before the primary election, tendered to the INEC, a 3-man ad-hoc delegates list that emerged from each Ward in the state.
It accused the plaintiff of attempting to use a further affidavit to remedy a deficiency in the Originating Summons he lodged against the party.
More so, the court held that evidence before it showed that the plaintiff decamped from the All Progressives Congress, APC, and joined the PDP in March 2022, and was subsequently allowed to contest the primary election.
“I find that the plaintiff is merely playing the role of a spoiler in the affairs of the 1st defendant (PDP)”, Justice Ekwo held.
“It is not the business of the court to overrule the choice of a political party after such a candidate emerged from a democratically conducted congress.
“The plaintiff failed to discharge the burden of proof through reliable evidence.
“I, therefore, have no reason to say that the primary election was invalid.
“I can only see the case of the plaintiff from one prism and that is that it is a product of an afterthought and it ought to be treated as such.
“This suit is accordingly dismissed as lacking in merit”, Justice Ekwo added.
Though Adebutu’s lawyer, Chief Chris Uche, SAN, demanded a cost of N5million, the court, refused the prayer.
It will be recalled that the Supreme Court had in a unanimous decision by a five-man panel of Justices, remitted the suit back to the high court for re-trial.
The apex court faulted the high court for previously declaring that it had no jurisdiction to entertain the suit.
It held that Justice Taiwo Taiwo, who initially entertained the suit, wrongly declined jurisdiction on the premise that the issue of nomination of a candidate for an election, was a domestic affair of a political party.
While affirming the judgement of the Abuja Division of the Court of Appeal, which voided Justice Taiwo’s verdict, the Supreme Court, ordered the Chief Judge of the high court to re-assign the matter to another judge for expeditious hearing.
