The pre-election case filed by the governorship candidate of New Nigeria Peoples Party (NNPP), Mr Olugbenga Edema, challenging the candidacy of Gov. Lucky Aiyedatiwa in the Nov. 16 election, on Wednesday, suffered a setback, as his party dissociated itself from the suit.
Edema, a former All Progressives Congress (APC) governorship aspirant in Ondo State, had filed a suit at the Federal High Court in Akure, challenging the APC primaries that produced Aiyedatiwa as its candidate for the election.
The suit, which began on Wednesday before Justice T.B. Adegoke, however, suffered a setback when Mr Ebun Olu-Adegoruwa (SAN), one of the defence counsels, informed the court that NNPP, the second plaintiff in the case, had written to withdraw from the suit.
Olu-Adegoruwa, counsel to the APC, informed the court that he was in possession of a letter dated Dec. 10 and signed by Mr Robert Hon, the National Legal Adviser of NNPP, seeking to withdraw from the suit.
Hon said that since the party did not authorise the pre-election case, hence, the move to withdraw from the suit through the letter.
The legal adviser said that the party’s chairman in the state, Pastor Peter Olagookun, who was present in court, was directed to see to the withdrawal of the party in the suit.
Consequently, counsels to INEC and APC, Messrs Charles Ejosomwan, Olu-Adegoruwa and Dr Remi Olatubora, all Senior Advocates of Nigeria) said that since the case was standing on one leg, it should be struck out.
However, Mr Abayomi Ojo, counsel to Edema and NNPP, claimed that the letter was not properly filed before the court and that he was not served with a copy to authenticate its origin.
The judge consequently adjourned the case till Feb. 3, 2025 and directed parties to regularise their processes and ensure service to all concerned before the date.
Earlier, Ojo, counsel to the plaintiffs, had applied for the amendment of the originating motion, but the counsels to INEC and APC, Messrs Charles Ejosomwan, Olu-Adegoruwa and Olatubora respectively, opposed the application.
They informed the court that they had each filed preliminary objections to the suit on grounds of jurisdiction and the fact that the first plaintiff had no locus standi to institute the case as he was not a member of APC.
Olu-Adegoruwa urged the court to hear the respondents’ preliminary objections first since it bordered on the issue of jurisdiction, an oral prayer that was, however, opposed by Ojo.
He argued that since the case was initiated by originating motion, it was the law and practice that the substantive suit and preliminary objection would be heard and determined together by the court. (NAN)
