A week to Osun by-election, APC chieftains ask court to disqualify party’s candidate

Just one week to the Osun West senatorial by-election, some All Progressives Congress (APC) chieftains in the state have dragged the party’s candidate, Senator Mudashiru Hussein, to court.

They are praying the court to disqualify him.

The chieftains who want the party candidate in the coming election disqualified are the assistant state auditor of APC, Mr Tajudeen Adekunbi and Mr Basiru Abidoye Adigun. The application is before a Federal High Court, Osogbo.

Joined as defendants in the suit are the Independent National Electoral Commission (INEC), APC, Osun State government, chairman of the APC screening committee for the by election, Hon Sanusi Rikiji and chairman of the appeal committee of the APC, Hon Abdullahi Bello.

The applicants in the originating summon deposed to in a sworn affidavit by the first plaintiff, Pastor Olatunji Popoola, wants the court to among other things decide “whether the qualification for senatorial election is not governed by Section 65 and 66 of the constitution of the Federal Republic of Nigeria, 1999 as amended.

“Whether the disqualification of the 1st defendant (Hussain) by the 3rd defendant (Rikiji) and 4th defendant (Bello) is not in compliance with the term and tenure of Section 66(1)(f) of the Constitution of the Federal Republic of Nigeria, 1999 and APC 2014 guidelines for nomination of candidates for public office.
“Whether the 5th defendant (INEC) can validly accept the 1st defendant as the candidate of the 2nd defendant (APC) for the purpose of 8th July, 2017 Osun West Senatorial by election, the 1st defendant having not resigned his appointment from the public service of the 6th defendant (Osun State government) as Commissioner in charge of cabinet matters less than 30 days before the said by election”.

Read also: APC: We won’t restructure Nigeria now, agitators are hypocrites, irresponsible

The plaintiffs are therefore asking the court to “disqualifying the 1st defendant as the candidate of the 2nd defendant from contesting Osun West Senatorial District by election scheduled to hold on 8th July 2017, being a commissioner in the public service of the 6th respondent, who failed, refused and neglected to resign his appointment 30 days before the scheduled by election”.

Equally, the plaintiffs among other declarations, are also praying that the 1st defendant nomination form-Senate APC/003/2015 was not duly sworn to before a magistrate or notary public in compliance with APC 2014 guidelines for the nomination of candidate for public office.
Read also: Fani-Kayode tags Gov Okorocha as a diaper-wearing, untrustworthy…
“A declaration that the 2nd defendant (APC) does not have a validly nominated candidate for the purpose of July 8, 2017 by election for Osun West Senatorial District.

“A declaration that the 2nd defendant has no power through its National Working Committee (NWC) or any of its organ to waive non-compliance with the provision of the 1999 Constitution of Nigeria as amended, for the 1st defendant, for the purpose of the by election for Osun West Senatorial District scheduled for July 8, 2017”.

The date for the hearing of the matter has not been fixed by the Federal High Court.
An APC 5-man panel constituted by its National Secretariat had earlier disqualified Hussein. He was however cleared to contest and was declared winner of the party primary hours after late Senator Isiaka Adeleke’s brother, Demola Adeleke, who was the APC’s sole candidate, dumped the party for the Peoples Democratic Party (PDP).

RipplesNigeria ….without borders, without fears

Click here to download the Ripples Nigeria App for latest updates

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now