Appeal Court Affirms Oyetola, His Running Mate As APC Gubernatorial Candidates

By Damilare Adeleye

A Court of Appeal has set aside a federal high court's ruling which nullified the nomination of Gboyega Oyetola and Benedict Alabi as the All Progressives Congress (APC) candidates in the July 16 governorship election in the state.

The former Governor of Osun State and his running mate were rather affirmed as the authentic candidates of the party.

Ruling on the appeal marked: CA/ABJ/CV/1099/2022, which was between Adegboyega Oyetola & Anor v PDP & Ors, the appellate court held that the result of the APC governorship primary in the state was a collective decision of the party.

The court added that the primary election which produced Oyetola could not be rendered illegal by constitutional challenge or deformity of any officer of the party, noting that despite the defects in the letter forwarded to Independent National Electoral Commission (INEC) the fact that Oyetola and his running mate emerged from a valid primary could not be ruled out.

The appeal Court questioned Justice Nwite for failing to consider a classical precedent judgment delivered by the Supreme Court of Nigeria in Jegede v INEC before arriving at his judgment.

Commenting on the immunity of Governor Mai Buni, who submitted the nomination of the appellant to INEC, the court held that Buni could not be sued as the immunity enjoyed by him guaranteed him against civil and criminal suits.

The Nigerian Voice recalls that the Peoples Democratic Party had sued Governor Buni and four others challenging the nomination of Oyetola and his running mate as the duly nominated candidates of the APC.

The Federal High Court in Abuja on the 30th of September nullified the nomination of Oyetola and his deputy governorship candidate, Benedict Alabi.

The judgment was predicated on the ground that Governor Buni who submitted their names to INEC violated the provisions of Section 183 of the Constitution of the Federal Republic of Nigeria and Section 82 (3) of the Electoral Act, 2022.