APC primaries: Khalil, Mustapha, Adanla, 18 others drag APC, INEC to court

No fewer than 20 cases have presently been instituted a court case against both the National leadership of the party and its state chapter in Oyo state.

The cases arising from the recently held party primaries and congresses are challenging the fallout of the said party ‘shadow elections’.

Hearing of the cases resumed on Wednesday 29th June, 2022 at the Federal High court sitting in Ibadan before Justice Uche Agomo, in one of such cases instituted against the National leadership of the All Progressives Congress (APC). 

Joined in the matter is the Independent National Electoral Commission (INEC), Musiliu Olaide Akinremi by a chieftain of the party in Oyo state, Hon. Khalil Mustapha.

The case which the backlash of the outcome of the primary election of the Ibadan North federal constituency of Oyo state is asking the court amongst other things, to declare as null and void whatever action must have been purportedly taken by the first respondents relating to the nomination of candidate for the All Progressives Congress in Ibadan North federal constituency for the forthcoming 2023 general election.

The appelant wants the court to compel all relevant bodies to conduct fresh primary election based on the guidelines of both the first and second respondents on the basis of evidence brought before the court.

Earlier at its first sitting on the 12th of June, 2022, lead counsel to the claimant/applicant Sanyaolu S. Akinyele informed the court that all processes relating to the matter including the writ of summons, hearing notice to wit had been served on both the 1st & 2nd respondents while the 3rd respondent in the person of Musiliu Olaide Akinremi has been evading service. 

He urged the court in an exparte application dated 21st of June, 2022, which he filed to grant an order of substituted service on Musiliu Olaide Akinremi (3rd respondent) by publishing same in a widely circulated national newspaper, specifically the Nigerian Tribune, an application which was granted by the court.

At the resumed hearing, Barrister Festus Adesiyan, counsel to claimant/Applicant standing in for the lead counsel Sanyaolu S. Akinyele informed the court that the order of substituted service on the 3rd defendant (Musiliu Olaide Akinremi) with the inclusion of all other defendants have been effected by substituted means as ordered by the court.

Adesiyan said an affidavit of service has been filed at the court registry as evidence of proof of service on the defendants in the Nigeria Tribune edition of 22nd June, 2022, alongside the hearing notice issued by the court registry as confirmed by the court bailiff and served on all parties, only for the 3rd defendant or his legal representative to refuse to show up in court as expected.

Barristers Ayodeji Akerele and Ebun Ajiboye who announced their appearance for the 2nd respondent (INEC), did not oppose to the request of the claimant/applicant for further date to give room for the 1st and 3rd defendants to enter appearance on the matter and file their defence while the court adjourned till the 19th day of July, 2022 for further mention and to take a date for commencement of hearing on the matter as parties are still within time to file their defence.

In a similar development, other cases that came up for mention before Hon. Justice Uche Agomoh includes that of Chieftain of APC in Oyo state, Alhaji Kayode Adanla, against the National leadership of the APC, INEC and 8 others.

Adanla is asking the court to order the state executives of the APC in Oyo from parading themselves as party executives pending the determination of the substantive suit before the court

The matter is to determine whether the first defendant was right to have unilaterally remove the name of Alhaji Kayode Adanla from the list of validly elected executives of the party in the Oyo state chapter of the APC.

Counsel to Alhaji Kayode Adanla, Barrister Olusola Sullyman informed the court that all efforts to serve the defendants with the exception of the 2nd defendant (INEC) who filed legal representation and was present in court was being blocked by the parties in question as the court bailiff was being tossed up and down with various excuses.

He prayed the court to grant an earlier date of adjournment for the claimant/applicant to file an affidavit of substituted service on all the defendants, a relief which was granted by the court.

Also, former commissioner for Local Government and Chieftaincy matters in the state, Hon. Bimbo Kolade is also challenging the outcome of the Oyo Central senatorial primaries while the National Vice chairman of the South-West agenda and former National Assembly member, Senator Soji Akanbi is also challenging that of the Oyo south senatorial district of the state.

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