Hon. Olugbenga Edema, the gubernatorial candidate of the New Nigeria People’s Party (NNPP) in Ondo State, has requested the Federal High Court to direct the Independent National Electoral Commission (INEC) to withdraw the names of Governor Lucky Aiyedatiwa of the All Progressives Congress (APC) and his deputy from the list of candidates for the upcoming gubernatorial election.
Edema approached the court, seeking an interpretation of Section 15 of the Third Schedule to the 1999 Constitution of Nigeria (as amended) concerning the nomination of the APC candidates. He argues that Aiyedatiwa’s nomination was invalid, asserting that the APC primary held on April 20, 2024, was unconstitutional and did not comply with the provisions of the Electoral Act, 2022.
In the originating summons (Suit No. FHC/AK/CS/103/2024), filed through his counsel Abayomi Ojo, Edema listed INEC as the 1st Respondent, APC as the 2nd Respondent, and Aiyedatiwa and his deputy as the 3rd and 4th Respondents. He urged the court to quash INEC’s publication of the APC candidates’ names ahead of the November 16 gubernatorial election, citing violations of the Electoral Act.
The suit argues: “Whether by Section 84(13) of the Electoral Act, 2022, the 1st Defendant is obligated to exclude/delist the names of the 3rd and 4th Defendants, the APC candidates, due to their nomination from an invalid primary conducted on April 20, 2024, as evidenced by Exhibits NNPP02-19, which contain reports from various wards and local government areas across Ondo State.”
Edema is seeking the following declarations from the court:
Unconstitutional Publication: A declaration that by Sections 15 of the Third Schedule of the Constitution and Sections 82(1)(5) and 84 of the Electoral Act, 2022, INEC’s publication of Aiyedatiwa and his deputy as APC’s candidates is unconstitutional, invalid, and void.
Invalid Nomination: A declaration that INEC’s acceptance of the APC’s gubernatorial candidates was arbitrary and illegal.
Order to Quash Nomination: An order to invalidate the nomination and publication of Aiyedatiwa and his deputy by INEC for the November 16 election, as it allegedly violates the Constitution and Electoral Act.
Edema’s challenge emphasizes the need for strict adherence to electoral laws and constitutional provisions in candidate nominations, particularly in preparation for the Ondo State gubernatorial election.