The Federal High Court will on March 15 rule on whether or not it has jurisdiction to entertain a suit filed by Bamidele Akingboye and nine others, all members of the Peoples Democratic Party in Ondo State.
Akingboye and the others took the Independent National Electoral Commission and nine others to court asking for an order of mandamus to compel INEC to issue certificates of return to them.
Akingboye, through his counsel, Ifeoma Esom, said the decision to approach the court for the order followed a judgment delivered by Justice Okon Abang, which recognised him and the others as the authentic candidates of the PDP in Ondo State.
Akingboye said: “It was on the basis of that judgment that the applicants in that case, who were the successful candidates, decided to approach the court to ask for an order of mandamus to compel INEC to issue certificates of return to them.”
Counsel to INEC, I.A. Adedipe, however argued that the court lacked the jurisdiction to hear the matter, adding that it is a waste of the court’s time.
Adedipe said this was because the Supreme Court had ruled that only primaries conducted by the national body of a political party and not by the state executive should be recognised.
Adedipe said: “The Supreme Court has made it clear that a state primary conducted by a state executive is illegal, that a state executive of a political party cannot conduct primaries.
“Since the Supreme Court has already ruled on the matter, this suit is a waste of the court’s time.”
Justice John Tsoho fixed March 15 to rule on whether or not the court has jurisdiction to hear the matter.
The court would also rule on the substantive suit, which is whether as the authentic candidates of the PDP, it should ask INEC to give Akingboye and the others certificates of return.
But if the court should rule that it lacks jurisdiction to handle the matter, the substantive suit would die a natural death.
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