Law News
Court quashes INEC, APC’s exco non-recognition suit in Owo

An Akure High Court presided over by the Chief Judge of Ondo State,Justice Olasehinde Kumuyi, has upheld the April 12 election that brought in the executive of All Progressives Congress in Owo local government area of the State.

The local government party executive committee had gone to court to reverse its none recognition by the Independent National Electoral Commission and the national secretariat of the party after the election.

The Sidney Ogunleye-led Exco claimed before the court that the election was done in strict compliance with section 228 of the 1999 constitution as amended and sections 85 and 86 of the Electoral Act 2010.

The Applicants maintained that having been duly elected as members of APC Exco in Owo local government,they were entitled to be entered in the records of the INEC,and as such should be duly inaugurated and accorded all rights and priviledges of the Executive Committee as required.

They demanded a declaration that any congress meeting or nomination of a candidate in the State in which the applicants are by law authorized to participate, but in which they, as Executive Committee members of the APC in Owo local government were excluded or may be excluded is undemocratic.

“The action also contravenes section 228 of the 1999 constitution as amended and sections 85,86 and 87 Electoral Act as amended and therefore null and void”

They sought an injunction restraining INEC from recognising,accepting or using any party position or list of candidates for any general election in Ondo state emanating from any primary election of the second defendant in which the applicants may be excluded.

Besides,they prayed the Court to restrain the APC at the National level from refusing to accord the Owo local government executives the rights and privileges of members of the local government Exco.

In his ruling,Justice Kumuyi said, “I am satisfied that the Owo APC executives’application has merit and and it is accordingly granted as prayed.”

The CJ consequently entered the judgement against the defendants for their failure to file any defence to the originating summons of the plaintiffs dated september 26. However,there was no order as to costs.

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