Osun State Governor Adegboyega Oyetola filed an appeal yesterday against the Federal High Court decision that declared his nomination as the All Progressives Congress, APC, candidate for the state's governorship election on July 16, 2022, invalid.
Additionally, the governor and his deputy filed an application with the Federal High Court in Abuja asking for a stay of the court's judgement until the outcome of the appeal.
According to a statement released by Oyetola's spokesperson, Ismail Omipidan, Justice Emeka Nwite of the Federal High Court in Abuja invalidated the candidacies of Oyetola and his running mate, Benedict Alabi, because Yobe Governor Mai Mala Buni violated the terms of Section 183 of the Federal Republic of Nigeria's Constitution when she submitted their names to INEC.
Oyetola and Alabi named 19 grounds for appeal against the lower court decision in an appeal submitted by the APC via its attorneys, Dr Abiodun Layonu (SAN) and Abdulfatai Oyedele.
They contend that the Federal High Court's ruling was against the preponderance of the evidence and a serious injustice. Therefore, they requested that the Court of Appeal reverse the lower court's decision and uphold the legitimacy and legality of their nominations.
The governor and his deputy stated in the appeal that all of Governor Buni's acts regarding their nominations were legitimate and legally cognizable because they were in accordance with the requirements of the Electoral Act 2022 and the 1999 Nigerian Constitution.
The appellants noted that the setting up of the defunct Caretaker Committee/Extra-ordinary Planning Committee, CCEPC, by the National Executive Committee, NEC, of the party did not violate the provision of the Constitution and Section 82(3) of the Electoral Act 2022.
The statement reads: “By the provision of Section 84(14) of the Electoral Act 2022, it is only an aspirant that participated in the primary election that can complain that the provision of the Electoral Act and the guidelines of the political party have not been complied with in the selection or nomination of candidate of a political party for an election.
“The nomination and sponsorship of candidates of a political party is strictly an internal affair of a political party which is not justiciable. The 1st respondent (the PDP) therefore lacks the locus standi to bring any cause of action that relates to internal affairs of the appellant (APC).”
Another ground of appeal, filed by the appellant, was that the suit initiated by the PDP had been caught by the Issue of Estoppel which indicates that where an issue has been decided by a competent court, the court will not allow it to be re-litigated by different parties.