The Federal High Court’s Abuja-based decision to invalidate Governor Gboyega Oyetola’s and Benedict Alabi’s nomination as the All Progressives Congress (APC) candidate in the most recent election has prompted some senior lawyers to respond.
Remember that Justice Emeka Nwite invalidated Oyetola’s nomination on the grounds that Mai Mala Buni, the party’s former caretaker chairman, had submitted their names to the Independent National Electoral Commission (INEC) in violation of Section 82(3) of the Electoral Act, 2022 and Section 183 of the 1999 Constitution.
In their response to the decision, the lawyers stated that Bola Tinubu, the APC presidential candidate, would not be affected.
In an interview with Punch, the senior lawyers Kunle Adegoke, Afam Osigwe, and Reuben Atabo, who also serves as counsel to the governor of Osun State, discussed their reactions to the verdict.
While Adegoke shared his viewpoint, he stated that Governor Oyetola will appeal the decision to reject his nomination as APC candidate.
“We’re going on appeal immediately,” he stated.no other choice but to appeal.
Adegoke asserts that the national convention has ratified everything the Buni-led executives did, so the ruling cannot invalidate Tinubu’s candidacy.
He continued, “The national convention is the highest organ of the party, so we ratified everything Buni did at the national convention.”The prospects for Asiwaju are very good.We will file an appeal;We only know that the court is incorrect.
In the same context, Osigwe, a former Chairman of the Abuja branch of the Nigerian Bar Association, stated that there are two distinct cases.
“I will not want to comment on the judgment of Justice Nwite in regard to the ticket of the Osun State governor because he is on appeal,” he stated.
“The Supreme Court had the opportunity to consider the defect of a party ticket/nomination paper of a candidate being signed by Governor Buni in the Supreme Court judgment delivered on Eyitayo Jegede (SAN) and Rotimi Akeredolu (SAN), and the court referred to the decision of the Court of Appeal that talked about holding dual executive office, and the court opined that if there is even any defect in that, it does not affect the candidate who has emerged from the prima
In the interview, Atabo stated that Tinubu’s name was submitted to INEC by an executive led by Abdullahi Adamu, in contrast to Oyetola’s, which was submitted by Buni.
“So, in my own opinion, the two cases are different,” he declared.The court ruled that because Buni held the position of caretaker chairman in Oyetola, it was inappropriate for him to hold both positions simultaneously.
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