Governorship poll: Court throws out disqualification suit against Ambode

Justice Mohammed Yunusa of a Federal High Court sitting in Ikoyi, Lagos, today threw out a suit, praying it to stop the governorship candidate of the All Progressive Congress (APC), in Lagos, Akinwunmi Ambode, from contesting the Saturday April 11, 2015 election.

Besides, the court held that the plaintiffs had no locus standi to institute the action, with an addition that the plaintiffs failed to establish reasonable cause of action to sustain their prayers. According to the judge, "None of the plaintiffs in the instant suit is an aspirant to be conferred with locus standi."

It would be recalled that the plaintiffs, Olorunfemi Oluwatosin and Dada Joseph, who claimed to be members of the APC, had prayed the court for an order restraining the Independent National Electoral Commission (INEC), from allowing APC to field any candidate for the coming Saturday's governorship election in the state.

The plaintiffs in their Originating Summons challenged their alleged disenfranchisement in the party's primary that produced Ambode last year December. The duo argued that the primary was hinged on irregularities. They equally alleged that the party's ward congresses, which were supposed to be conducted only in the 20 recognised local government areas in the state, were extended to the 37 Local Council Development Areas, LCDAs of the state.

The plaintiffs also maintained that secret ballot rather than open ballot system was used during the congresses, with a further position that same had rendered the process illegal, unconstitutional, null and void. Joined as defendants in the suit includes APC, INEC and Ambode. Others are Senator Ganiyu Solomon, Dr. Leke Pitan, Tayo Ayinde, Olasupo Shasore, Dr. Obafemi Hamzat, Mrs. Tokunbo Agbesanwa, Dr. Tola Kasali, Adeyemi Ikuforiji, Lanre Ope, Tokunbo Wahab, Adekunle Disu and Abayomi Sutton.

However in its preliminary objection, APC suggested that the court is bereft of jurisdiction to entertain the matter, which according to it is an intra-party affair. APC also claimed that since the plaintiffs were neither delegates nor aspirants, they had no legal basis to complain.

According to the party, "The conduct of the ward congresses for Lagos State gubernatorial primary nomination was done in the constitutionally recognised 20 Local Government Areas in Lagos State and not in the 37 Local Council Development Areas as alleged by the plaintiffs.

"The plaintiffs have not disclosed any injury that the conduct of the ward congresses in the 20 Local Government Areas and 37 Local Council Development Areas have caused them either individually and or collectively. "APC equally described  the plaintiffs' case as academic, malafide, an abuse of court processes and one that was targetted at embarrasing the party.

The party consequently prayed the court to immediately dismiss same and award cost of damages against the plaintiffs for instituting the action. But in dismissing the suit, Justice Yunusa, upheld APC's submission that the subject matter of the case was an intra-party affair and that the plaintiffs failed to show that they had sufficient interest to warrant the reliefs sought.N No cost was however awarded against the plaintiffs.

Photo credit: eyewitnessng