2023: Fresh Legal Battle Threatens Osun APC’s NASS, OSHA Candidates’ Eligibility

 

Ismaeel Uthman

THE eligibility of 38 candidates of the All Progressives Congress (APC) in the State of Osun to contest the National and State assemblies in the 2023 general elections is being threatened by a fresh legal battle against the party. 

OSUN DEFENDER gathered that the Independent National Electoral Commission (INEC) and the APC have been dragged before a Federal High Court in Osogbo, on the ground that the candidates of the party were not validly nominated. 

This is coming after a Federal High Court in Abuja invalidated the nomination of Governor Adegboyega Oyetola as the candidate of the APC in the July 16 governorship election.  

In the suit registered FHC/OS/CS/72/2022, the Peoples Democratic Party (PDP) which is the plaintiff, argues that APC did not comply with Section 84 of the Electoral Act, 2022 during its primaries for the Senate, House of Representatives and House of Assembly. 

According to PDP, APC did not hold any convention or congresses to ratify the national assembly and state assembly candidates with the highest number of votes after the direct primaries as stipulated by the Electoral Act.

Section 84, subsection 4 (c) of the Electoral Act states: “Special conventions or congresses shall be held to ratify the candidate with the highest number of votes at designated centres at the National, State, Senatorial, Federal and State Constituencies, as the case may be.”

The PDP also argues that INEC ought to have rejected the nominations of the APC candidates because of inconsistency with provisions of the Electoral Act, stating that the commission is constitutionally bound to ensure that all political parties comply with extant laws. 

The party prayed the court to nullify the primary elections of the APC and declare it illegal.

It also sought an order of the court to mandate INEC to reject the nominations of the APC for the Senate, House of Representatives and House of Assembly primary elections. 

But the APC, in its preliminary objection to the suit, said the plaintiff, PDP has no locus standi to initiate and maintain the litigation for not disclosing its interest or threat of injury it would suffer from the conduct of its primary elections.

The APC also argued that the suit is statute-barred having been filed outside the mandatory 14 days provided by law, just as it stated that the plaintiff has no credible evidence to support its claims and declaration being sought from the court. 

In conclusion, APC urged the court to declare that the primary elections conducted for the national assembly and state assembly candidates are not only valid but legal and conducted in compliance with the extant laws.

The party urged the court to discountenance the PDP’s argument and dismiss the case for lacking in merit, saying it was frivolous, vexatious and malicious. 

OSUN DEFENDER gathered that the case will come up on Friday, October 14, 2022.