One of the aspirants that contested for the All Progressives Congress primary election in preparation for the Ekiti state governoship election held in June 18 and produced Biodun Abayomi Oyebanji BAO as the governor-elect has headed to court to challenge the outcome of the APC Primary.
The aspirant, Engr. Kayode Ojo has approached the court to seek legal redress.
Ojo who came second during the APC primary conducted on the 27th of January, 2022, has approached a Federal High Court Abuja to challenge the declaration of Mr Biodun 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 APC gubernatorial primary election of the party in the suit are; the All Progressive Congress (APC), Ekiti State, Mr Biodun Oyebanji, Independent National Electoral Commission (INEC) and all the chairmen of the local governments election committtee / returning officers who are said to be supporters of the second defendant but were constituted to conduct the 27th of January 2022 gubernatorial 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 constitutes an irregularity and fundamental non-compliance with the party guidelines regulating the conduct of the said party primaries, the Electoral Act and was therefore void and of no effect”
He equally prayed the court to set aside the party gubernatorial primary conducted on the 27th of January 2022 “on the 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 the guidelines regulating the conduct of the party primaries”
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He urged the court to declare him (Kayode Ojo) as 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 recognizing 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 Ekiti State gubernatorial election conducted in June 2022.
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 examining by the defense.
Then, the plaintiff closed its case. The proceedings however suffered a hitch as the defense was said to have failed to open its case due to lack of preparation.
The defense counsel, Barr Kareem Akingbolu thereafter applied for an extension of time for him to file his defense.
Dr. Izinyon told the court that he was opposed to the application by the defense for an extension of time for them to file in their defense.
The lead counsel argued that since the order of 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.