Biyi Otegbeye, the governorship candidate of the African Democratic Congress (ADC), may not contest the upcoming 2023 elections in Ogun State despite the verdict of the Appeal Court.
The filing of a ‘Notice Of Appeal’ at the Supreme Court in Abuja by the state chapter of Labour Party may be the last move aimed at shattering Otegbeye’s gubernatorial dream.
A Notice of Appeal which was obtained by journalists revealed that the judgement of an appellate court in Ibadan that ordered the Independent National Electoral Commission (INEC) to enlist the names of Otegbeye and other ADC House of Assembly candidates for the elections has now been challenged at the Supreme Court of Nigeria.
In the Notice of Appeal, LP while rejecting the whole decision made by the appellate court in Ibadan, insisted that the acceptance and publication of Otegbeye as the ADC candidate was a breach of Electoral Act, 2022.
The motion for Appeal reads in part, “The learned Justices of the Court of Appeal erred in law when their Lordships held that the trial court lacked the jurisdiction to adjudicate on issues bordering on who a political party such as the 2nd respondent sponsors for an election
“The learned Justices failed and/or neglected to consider the provisions of section 285 (14) (c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which allows a political party to challenge the 1st respondent where it failed to comply with the provisions of the Electoral Act or any other applicable law in respect of, among others, the locus of the Appellant.
“The nomination of the 1st respondent as the candidate of the 2nd respondent was in flagrant breach of the Electoral Act, 2022, particularly Sections 84 (1) and Section 84 (5) (c).
“The acceptance and publication of the name 1st respondent as the governorship candidate of the 2nd respondent was in total breach of the Electoral Act, 2022, particularly Section 84 (1).
“The Honourable Justices of the Court of Appeal therefore ought to have found for the appellant and upheld the jurisdiction of the trial court over this suit.”
Labour Party, however, sought an order of the apex court to set aside the judgment of the Court of Appeal delivered on Monday, January 23, 2023.
The party also prayed the court to grant “an order affirming the judgment of the trial court delivered on the 25th November, 2023; and making such further order or orders as this honourable Court may deem fit to make in the circumstances.”
