A Federal High Court sitting in Ado-Ekiti,Ekiti State,has nullified the People’s Democratic Party, PDP, primary election for Ekiti North Senatorial District held in May 2022.
In a case between a candidate, Hon. Emmanuel Kehinde Agboola and the People’s Democratic Party, PDP, in his ruling, the presiding judge,Justice Babs Kwewumi declared the election null and void on the grounds that it contravened the various sections of the laws of the land such as Section 84, particularly of the electoral act, article 17 of the INEC regulations in respect of primary elections.
In an interview, counsel to Hon. Agboola, Samson Ayodeji Aina remarked”, the court has said in its wisdom that the election contravened all these provisions and that the PDP which is the second respondent in our action should go back and conduct a fresh primary election. And we are glad over the judgment.
Unfortunately the court didn’t specify a date that the election has to be conducted. But I tell you it has to be done because it is an order from the court. So we will process the judgment and put up a cover letter to it and serve parties concerned”.
Barrister Aina said the party can only fix a date at their discretion but it must know that the primary election must be conducted, adding that the court has said that any conduct of such primary election outside the headquarters of the Senatorial District is null and void. He advised that they have to be careful at this time not to fall prey of the rules of the court.
Explaining further the counsel said what happened was that the election shifted in a twilight of the election day. And the court said it is a shenanigans which is against the rules of the law. “If you reschedule any party primary election, you have to give the Independent National Electoral Commission,INEC,seven days for the rescheduling of such election. That’s the position of the law. You have to give them seven days notice. In this case,the notice was barely two minutes. INEC was given a letter at 3.53 pm and the election was conducted at exactly 4 pm. You can see. And the court said that’s not the way it should go.”
In a telephone interview, Hon. Agboola commended the position of the court, stressing the importance of seeking redress through appropriate channels when aggrieved. He believed that with time the entire process will run its course.
