Hon. Olugbenga Edema, the New Nigeria People’s Party (NNPP) candidate in the upcoming Ondo State gubernatorial election, has taken legal action to disqualify Governor Lucky Aiyedatiwa, the All Progressives Congress (APC) candidate, from the race. In a suit filed with the Federal High Court, Edema is requesting that the Independent National Electoral Commission (INEC) remove Aiyedatiwa and his deputy from the list of candidates for the November 16 election. This suit seeks to interpret and enforce Section 15 of the Third Schedule of the 1999 Nigerian Constitution (as amended) and certain sections of the Electoral Act, 2022.

Edema’s legal move specifically questions the constitutionality of the APC primary election, held on April 20, 2024, which he argues contravenes established electoral procedures. Filed under Suit No. FHC/AK/CS/103/2024, the originating summons submitted by Edema’s counsel, Abayomi Ojo, lists INEC as the 1st Respondent, the APC as the 2nd Respondent, and Aiyedatiwa along with his deputy as the 3rd and 4th Respondents.

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The suit contends that the APC’s primary violated Section 84(13) of the Electoral Act, 2022, and that INEC’s inclusion of Aiyedatiwa and his deputy on the official candidate list is therefore unlawful. Edema’s legal team argues that INEC should have excluded the APC candidates due to the allegedly invalid primary nomination, supported by Exhibits NNPP02-19, which include reports from local government areas and wards across Ondo State.

Key Declarations Sought by Edema’s Legal Team

The suit asks the court to make the following key declarations:

  1. Unconstitutional Candidate Publication: A declaration that INEC’s listing of Aiyedatiwa and his deputy as APC candidates violates the Nigerian Constitution and sections of the Electoral Act, 2022.
  2. Invalid Nomination Process: A declaration that INEC’s acceptance of the APC candidates was arbitrary and did not comply with electoral law.
  3. Order to Nullify Nomination: A request for the court to invalidate the nomination of Aiyedatiwa and his deputy, claiming this inclusion contradicts both constitutional and electoral law standards.