Ondo Guber: Court dismisses suit challenging Edema’s status as NNPP’s candidate

An Ondo State High Court sitting in Akure, the state capital, has dismissed the suit challenging the candidature of Gbenga Edema as the standard-bearer of the New Nigeria People’s Party (NNPP) in next week’s November 16 governorship election in the state.

The court, presided over by Justice Akintan Osadabay, declined jurisdiction to entertain the suit filed by a factional candidate of the party, Michael Akintan, and his deputy, Kemi Fasua, against the emergence of Edema as the candidate of the party.

Edema, a former lawmaker and Chairman of the Ondo State Oil Producing Area Development Commission (OSOPADEC), had on June 5, 2024, emerged as the candidate of the party after the former candidate, Oluwatosin Ayeni, stepped down for him.

In an originating summons filed by Akintan, Fasua, Dr. Gilbert Major Agbo, and Olaposi Oginni, they challenged the emergence of Edema as the candidate of the NNPP.

The plaintiffs, through their counsel, Monday Ojore Mawah, are seeking the court’s judgement on whether, in light of sections 77(2) and 77(3) of the Electoral Act 2022, the third plaintiff is required to submit the register of members to the Independent National Electoral Commission (INEC) no later than 30 days before the party’s primary, held on April 26, 2024.

They also asked whether, based on Section 77(3), the defendant, whose name does not appear in the submitted register of the third plaintiff, can validly claim membership in the party as of the primary date.

The claimants sought injunctive and declaratory reliefs, including a perpetual injunction to restrain Edema from presenting himself as a member of the candidate of the NNPP in Ondo State for the November 16 governorship election.

But the defendants, through their lawyer, Mr. Rotimi Olorunfemi, asked the court to dismiss or strike out the suit for constituting a gross abuse of the court process. He said the suit was supposed to be filed at the Federal High Court, being a pre-election matter.

Olorunfemi said the issue of jurisdiction is a matter that goes to the root of the competence of a court’s adjudicatory power on a suit before it. Since the court has no jurisdiction, the case should be dismissed with costs against the claimants.

In her judgement, Justice Osadabay struck out the suit for lack of jurisdiction.

She said since the case fell within the pre-election matter, it is only the Federal High Court that has jurisdiction to entertain the case. She awarded N100,000 against the claimants.