Federal High Court ruling on Osun APC primary perverse, a charade-Oyetola’s counsel
…to appeal judgement soon
By Deborah Oladejo, Osogbo
Counsel to Governor Adegboyega Oyetola of Osun State, Mr. Ibrahim Lawal, has described a Federal High Court ruling nullifying the governor’s nomination as the All Progressives Congress (APC) candidate for the 16 July governorship election as a charade and preposterous.
The legal practitioner, while reacting to some issues raised on a radio programme in Osogbo, on Monday, said the judgment was dead on arrival, noting that the Supreme Court issued a final verdict in a similar case last year.
Justice Emeka Nwite of the Federal High Court, Abuja had, last week, nullified the nomination of Governor Oyetola and his Deputy, Benedict Alabi, as candidates of APC on the ground that Governor Mala Buni of Yobe State submitted their names to the Independent National Electoral Commission (INEC) in a case brought by the Peoples Democratic Party (PDP).
Justice Nwite held that Buni’s action was unlawful and unconstitutional because Buni it violated the provisions of Section 183 of the Constitution and Section 82(3) of the Electoral Act 2022.
The judge held that Governor Buni acted in contravention of the provision of Section 183 of the Constitution when he held dual executive positions as the Governor of Yobe State and Chairman of the National Caretaker Committee of APC.
But Lawal expressed confidence in the ability of the legal team of Governor Oyetola to overturn the judgment of the Federal High Court.
“We are 100 percent convinced that this decision of the Federal High Court against our client cannot see the light of the day,” he said.
The counsel argued that the decision and the consequence of nominating a candidate rests in the Congress of a party at the state level as affirmed by the Supreme Court in the case of Eyitayo Jegede and INEC, in 2021.
According to him, the judgment was clear as to the issue of sponsorship and nomination of candidates and one cannot substitute any other ground except as stated in Section 177 of the Constitution of Federal Republic of Nigeria.
He said the action which the Federal High Court pronounced was statue barred as the decision the court was talking about happened in March as against April when the matter was brought before it.
Lawal further argued that the petitioners did not file their process until April, clearly 14 days after the time they were supposed to file their matter and as such, the court shouldn’t have entertained it in the first place.
“These are the issues we brought to court but for reasons best known to the judge, with due respect to the judge of the Federal High Court, they ruled otherwise.
“The reason we have layers of the court was that when you are dissatisfied with the judgment of a lower court, you go to another court. And Electoral Act is very clear, when a matter is at the court nothing can be done on it until it gets to a final stage. The status quo remained.
“By the grace of God, we are filing a notice of appeal challenging the ruling because the decision taken by the Federal High Court, in the eye of the law is perverse and against the established principle of law that had been laid down by the Supreme Court.
“We are not deterred and it has nothing to do with the issue that is ongoing at the tribunal. What we call judicial precedents are the facts that the sanctity of the laws had settled some cases by higher courts and the lower court cannot go in contrary.
“When there are established decisions of the superior court, no lower court can go in contrary. Any court that does so has committed what we called judicial rascality.
“So, I am very sure that this matter will be set aside by the Court of Appeal.
“In whatever form you look at it, that decision of the Federal High Court cannot stand in the case of Eyitayo Jegede and INEC. It is a 2021 decision and there was no other decision after it,” Lawal said.
