Court reserves judgment in Osun PDP governorship ticket tussle

By Deborah Oladejo, Osogbo

A Federal High Court, sitting in Osogbo, Osun State, has fixed May 18, for judgement in the Peoples Democratic Party (PDP) governorship primary ticket battle between Prince Dotun Babayemi and Senator Ademola Adelek, for the July 16 governorship election in the state.

Justice Nathaniel Ayo-Emmanuel fixed the date on Monday, after counter arguments on points of law by counsels to both the plaintiff and the defendants.

It would be recalled that PDP, on March 8, held parallel governorship primaries. Adeleke was declared the candidate of the party at the primary held at Osogbo City Stadium, under the supervision of Deputy Governor of Bayelsa State, Lawrence Ewhrudjakpo, while Babayemi was announced candidate at the other primary held at the Women and Children Development Initiative Foundation Centre (WOCDIF), Osogbo.

But, it was Adeleke’s name that appeared on the list of candidates later released by the Independent National Electoral Commission (INEC).

Babayemi, however, approached the court challenging the nomination and submission of Adeleke by the PDP to INECand the validity of the governorship primaries conducted at the stadium against the one conducted at WOCDIF.

Counsel to the plaintiff, Mr Yusuf Alli (SAN), told the court that affidavits with written addresses, attached with document and various court orders to support the originating summon had been submitted to the court.

Alli prayed the court to ensure that justice is served in favour of his client in line with the constitution.

He argued that the primary conducted by the National Working Committee of the party was contrary to the extant orders of the Osun High Court.

Alli, who prayed the court to rule in favour of his client, also urged the judge to adopt all processes he tendered in favour of his client, in accordance with section 287(3) of the 1999 constitution, as amended.

The plaintiff’s lawyer prayed that the application brought by the defense counsels be struck out saying that the defendants’ application lacked competency and locus -standi.

Earlier, counsel to second defendant (PDP), Mr. M.S Atolagbe, told the court that notices of preliminary objections with written addresses and necessary documents had been filed against the application brought by the plaintiff counsel.

Atolagbe explained that the application by the plaintiff lacked competency and prayed the court to grant the prayers of the party, especially on jurisdiction, in line section 84 (14) of the electoral act.

He argued that the plaintiff did not participate in the primary election conducted by the NWC of the party.

Counsel to Adeleke, Mr. Wole Jimi-Bada had earlier tendered counter affidavits, written addresses and other relevant documents during the proceeding.

Jimi-Bada urged the court to strike out the plaintiff’s suit due to lack of competency.

He claimed that it was the NWC that had powers to conduct party primaries and not some few individuals in the state exco.

He urged the court to discountenance the submission of the plaintiff’s counsel.