The New Nigeria Peoples Party (NNPP)’s participation in the upcoming governorship election in Ondo State on November 16 remains uncertain, as the court has yet to decide the party’s legitimate candidate. This case arises from an originating summons filed by Engr. Akintan Michael, Mrs. Kemi Fasua, the NNPP, Dr. Gilbert Major Agbo, and Comrade Oginni Olaposi against Mr. Olugbenga Omogbemi Edema, dated 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 Akintan Osadabay heard the arguments of both parties’ counsel. Monday O. 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, Mr. Rotimi Olorunfemi, the plaintiffs filed additional affidavits and requested that the court consider all applications collectively. 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.
Monday O. 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. Furthermore, he 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. Olugbenga 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. Aiyedatiwa secured the nomination with a resounding victory, amassing 48,569 votes. His closest contender, Mayowa Akinfolarin, trailed with 15,343 votes, while Chief Olusola Oke came in third with 14,865 votes.
A few days after the primary, Mr. Edema left the APC and claimed to be the governorship candidate of the New Nigeria People’s Party (NNPP), despite NNPP having already nominated Engr. Akintan Michael and Mrs. Kemi Fasua as its governorship and deputy governorship candidates, respectively.
His lawyer lamented his clients inability move around to campaign even when 16th November set for the election was less than 16 days to come.
The court has adjourned the case to November 7, 2024, for a ruling on the matter.
