As Ekiti State gubernatorial election has been concluded with the All Progressives Congress’ Biodun Oyebanji declared winner, one of the leading aspirants during the party’s primary, Engr. Kayode Ojo, has approached the court seeking legal redress.
Ojo, who took second place during the primary conducted on January 27, 2022, approached a Federal High Court in Abuja to challenge the declaration of Oyebanji as the winner of the primary.
In an application with suit number FHC/ABJ/C5/15/2022, dated 9th of February, 2022, and filed by his counsel, Otunba Olaniyan Bolanle, he challenged what he termed as “irregularities” during the exercise and joined in the suit were the All Progressive Congress (APC) in Ekiti State, Mr Biodun Oyebanji, Independent National Electoral Commission (INEC), and all the chairmen of the local governments election committee/returning officers who were allegedly known supporters of the second defendant but conducted the primary.
In his prayers, Ojo stated that the decision of the party to conduct the 2022 Ekiti State gubernatorial primary election purportedly with the use of political appointees of the state executive as electoral committee/retuning officers constitute an irregularity and fundamental non-compliance with the party guidelines regulating the conduct of the said primary and the Electoral Act, therefore rendering it void and of no effect.
He equally prayed the court to set aside the exercise on grounds of infraction of the APC constitution, guidelines and the 1999 constitution, and ordering the conduct of fresh primary by the party.
Other prayers by the plaintiff is the cancellation of the votes ”irregularly and fraudulently” recorded for Biodun Oyebanji during the primary on the ground that the governor-elect had run foul of the provisions of the APC constitution and guidelines.
He therefore urged the court to declare him (Kayode Ojo) the winner of the primary, being the candidate with the next highest declared votes.
The plaintiff also sought an order of injunction restraining the INEC from recognising Oyebanji as the gubernatorial candidate of the party in the 2022 Ekiti State gubernatorial election and restraining him or any other persons or authorities or government as the candidate for the APC for the election held in June.
The case has since been transferred to a Federal High Court sitting in Ado-Ekiti before Hon. Justice Babs Kuewunmi.
While being led in evidence by the lead counsel, Dr. Alex Izinyon SAN, the plaintiff, along with one other witness, gave their testimony and were cross examined by the defence.
Meanwhile, the defence counsel, Barr Kareem Akingbolu, has applied for an extension of time for him to file his defence, an application opposed by Dr Izinyon who argued that since the order of the court to publish the writ of summons was carried out on March 21, 2022, the defense ought to have filed their reply within 30 days which lapsed on April 21, 2022.
He asked for leave of court to reply formally to the application made by the defense for an extension of time and the case was then adjourned till Monday, July 25, 2022 for continuation of trial.