From Lateef Dada, Osogbo
A Federal High Court sitting in Osogbo, Osun State, has dismissed the suit filed before it by the aggrieved members of the All Progressives Congress (APC), challenging the validity of the ward congress of the party held on July 31, 2021
Ruling on the application filed by one Olugbenga Awosode Idowu and 2,516 others, on Wednesday, Justice Emmanuel Ayoola, held that the court lacks jurisdiction to dabble into ‘internal and domestic’ affairs of the party and any hearing of the application is an exercise in futility.
The court also held that the prayer of the plaintiffs, seeking an order of the court, declaring them as authentic candidates in the ward congress is not justifiable and ran contrary to section 87 of the Electoral Act.
The plaintiffs had approached the court, seeking an order of the court, recognising them as the eligible aspirants in the ward congress and declare them unopposed.
They also sought an order of the court, declaring as illegal, ultra vires, null and void, the ward congress of the party, on the allegation of noncompliance with the guidelines of the party.
But, Justice Ayoola said the plaintiffs are not qualified to be described as aspirants under section 87 of the electoral act and the court ruled in favour of the defendants.
The court also held that screening of candidates is an internal affairs of the party and the court lacks power to meddle into the affairs of the party.
Noting that the plaintiffs did not go beyond the purported payment for the forms which they claimed that party leaderships did not give to them, Justice Ayoola held that the court can not select executives for the party.
According to the court, the suit would have succeeded if it was in line with the provision of the constitution that matters arising from the presidency, senatorial, house of representatives, state assembly, chairmen and ward councillors elections could be challenged.
The court submitted that the ward congress of the party is purely an internal and domestic affairs of the party which the court lacks jurisdiction to entertain.
Respondents in the case are the National Secretariat of the APC, Chairman of Caretaker Extraordinary Convention Committee of the APC, Governor Mai Mala Buni, Chairman of the Ward Congress Committee, Hon. Gbenga Elegbeleye, Chairman of Ward Congress Appeal Committee in the state, Amb. Obed Wadzani, the State of Osun chapter of the party and Independent Electoral Commission (INEC).