Ogun 2023: Appeal Court reinstates Otegbeye, other ADC candidates

A Court of Appeal sitting in Ibadan, the Oyo State capital on Monday reinstated Biyi Otegbeye as the governorship candidate of the African Democratic Congress (ADC) in Ogun State.

The court set aside the judgement of the Federal High Court in Abeokuta, which initially ordered the Independent National Electoral Commission (INEC) to expunge other 23 Ogun ADC Assembly candidates from its list.

The court, in a unanimous judgement delivered by Justice M. A. Adumein held that the lower court has no jurisdiction to adjudicate on the suit filed by the All Progressives Congress (APC) before the trial court challenging the primaries conducted by the ADC.

The court subsequently set aside the decision and all the orders made by the trial court for want of jurisdiction.

Counsel to the Appellants, Tunde Falola, thanked the Court for the well researched and painstakingly delivered Judgment

It could be recalled that the ruling party, All Progressive Congress (APC), had instituted 23 cases against Otegbeye and the ADC at the Federal High Court in Abeokuta. 

The presiding judge, Akintayo Aluko on November 26,had ruled in favour of the APC, and asked the Independent National Electoral Commission (INEC) to delist the names big ADC candidates from the register of candidates contesting 2023 elections. 

But on monday, the appellate judge declared that 'The lower court has no jurisdiction over the case. The judgement of the lower court is hereby dismissed".

Justice Adumen cited Supreme Court judgement which says: no member of a political party has the locus standi to question the decision of a political party in the nomination of a candidate for elective office. It is only an aspirant who participated in a primary that has the locus stand to challenge the outcome of the primaries 

The court awarded the cost of N50,000 is awarded in favour of the appellant.

The judge said that the appeal succeeds because the issue of who becomes the candidate of a political party remains the prerogative of the political parties