Osun Guber Poll: Double Jeopardy As Court Nullifies Oyetola’s Nomination

• APC gets hiding for abusing due process

Things are certainly not going smoothly for Governor Isiaka Oyetola in the battle to retain his seat as a Federal High Court in Abuja on Friday nullified his nomination as the All Progressives Congress (APC)’s candidate in the July 16 Osun State governorship election.

Delivering his judgment in a case filed by the opposition Peoples Democratic Party (PDP), Justice Emeka Nwite nullified Oyetola and his deputy governorship candidate, Benedict Alabi, on grounds that Governor Mai Mala Buni of Yobe, who submitted their names to the Independent National Electoral Commission (INEC) violated the provisions of Section 183 of the Constitution of the Federal Republic of Nigeria and Section 82(3) of the Electoral Act, 2022.

The Peoples Democratic Party (PDP) had filed the suit against Governor Buni, Governor Oyetola, and others challenging the nomination and sponsorship of Oyetola and his deputy as the duly nominated APC candidates for the July 16, 2022 governorship poll, in which INEC declared Senator Ademola Adeleke of the PDP as duly elected.

On 7th April 2022, the PDP filed the suit through its counsel, Kehinde Ogunwumiju (SAN), alleging that the ruling APC abused the due process and its constitution in nominating Governor Oyetola as the candidate for the election.

However, challenging the competence of the suit, Kunle Adegoke (SAN), who represented Governor Oyetola, had argued among other grounds, that the PDP did not have the locus to commence the action and that the suit was statute-barred.

But in his response, Ogunwumiju maintained that the plaintiff, PDP, rightly commenced the suit under Section 285(14) (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

In his ruling, Justice Nwite agreed with the submissions of the PDP counsel and declared the nomination of Oyetola and Alabi by the APC null and void.

Also, the court held that Buni acted in contravention of the provision of Section 183 of the Constitution when he held dual executive positions as the Governor of Yobe and the Chairman of the National Caretaker Committee of APC.

Additionally, the court said the decisions taken by Governor Buni, including forwarding the names of Oyetola and Alabi to INEC, amounted to a nullity in law.

With the latest development, it is now double jeopardy for Governor Oyetola given his loss at the polls when INEC declared the PDP candidate, Senator Adeleke as winner of the July 16 Osun governorship election.

In the keenly contested election, the returning officer and Vice Chancellor of the University of Lagos, Prof. Oluwatoyin Ogundipe, announced that Adeleke got a total of 403,371 votes beating the incumbent, Oyetola of the APC, who got 375,027 votes. – With NAN reports