Ondo Polls: Uncertainty Over Edema’s Candidacy, As Court Rules On NNPP Membership

NB247

There are fears that the candidate of the New Nigeria Peoples Party(NNPP), Olugbenga Edema, may not be on the ballot on November 16, following a pending court ruling on his membership of the party.

The High Court in Akure will on Thursday determine whether Mr Edema, who had joined the party to contest for governor, met the requirement of membership and whether he is eligible to contest the election as a candidate.

This is coming from an originating summons filed by Akintan Michael, Kemi Fasua, the NNPP, Gilbert Agbo, and Oginni Olaposi against Mr Edema, on August 12, 2024.

The claimants are seeking the court’s judgment on two main questions. First, 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.

Second, 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 are also seeking injunctive and declarative reliefs, including a perpetual injunction to restrain the defendant from presenting himself as a member or candidate of the NNPP in Ondo State for the upcoming election.

On October 31, 2024, at the State High Court in Akure, Justice Oluyemi Osadabay heard the arguments of both parties’ counsel.

Monday Mawah, representing the claimants, acknowledged that certain documents, initially not attached to the originating summons, were now submitted through an affidavit.

In response to the preliminary objection raised by the defense counsel, Rotimi Olorunfemi, the plaintiffs filed additional affidavits and requested that the court consider all applications collectively.

Mr Olorunfemi, however, argued that the court lacks jurisdiction over the matter, asserting that this is a pre-election issue, which the plaintiffs failed to substantiate with appropriate authority. He also argued that necessary parties were not properly before the court.

Mr Mawah countered by citing Section 285 of the Nigerian Constitution, which clarifies provisions for pre-election matters.

He argued that the matter is procedural and within the court’s jurisdiction, asserting that state high courts now share concurrent jurisdiction over pre-election matters.

He further argued that the determination of a party’s membership status involves presenting a membership card and register, neither of which the defendant could provide.

Mr Edema participated in the All Progressives Congress (APC) governorship primary held on April 20, 2024, which resulted in the nomination of the incumbent governor, Lucky Aiyedatiwa, as the party’s candidate.

Mr Aiyedatiwa won the primary election with a total of 48,569 votes.

His closest contender, Mayowa Akinfolarin, had 15,343 votes, while Olusola Oke came in third with 14,865 votes.

Dissatisfied with the outcome of the election, Mr Edema left the APC and emerged as the governorship candidate of the NNPP.

The NNPP had earlier held its primaries which produced Akintan Michael, with Kemi Fasua as his running mates.

Mr Edema’s lawyer had lamented his clients inability to effective engage in the campaign due to the pendency of the case in the face of the closeness of the election day.

The court has adjourned the case to November 7, 2024, for a ruling on the matter.