The Federal High Court in Abuja has dismissed a suit challenging the validity of the July 20, 2020, primary election which produced Governor Oluwarotimi Akeredolu as candidate of the All Progressives Congress in the October 2020 election in the state.
Delivering judgment on the suit instituted by an APC governorship aspirant in Ondo State, Nath Adojutelegan, Justice Okon Abang held that the case was statute-barred having failed to filed within 14 days of the arising of the cause of action as provided for in section 285(9) of the Constitution for the filing of pre-election matters.
However the issue was a pre-primary election matter and not a pre-election matter that could be accommodated under section 87(9) of the Electoral Act. Therefore the court lacked jurisdiction to entertain same.
The sum of N120,000 was awarded against the plaintiff in favour of the defendants.
The plaintiff was also ordered to pay N50,000 to Akeredolu, N50,000 to the APC and N20,000 to the Independent National Electoral Commission.
The plaintiff challenged the outcome of the July 22, 2020 primary election alleging that the exercise was marred by grave and substantial non-compliance with the APC’s Constitution, Electoral Guidelines and the Electoral Act, 2010.
