Oni Denies Involvement In Court Attempt To Revoke Fayemi’s APC Candidacy

Ekiti state’s All Progressives Congress (APC) governorship aspirant, Segun Oni, has denied filing a suit against the candidacy of Kayode Fayemi in the Ekiti governorship election,

Reports by newsmen yesterday revealed that Oni had filed a suit at federal high court in Abuja to challenge the emergence of Fayemi, former minister of mines and steel, as the party’s flag bearer in the July 14 governorship poll.

The “originating summons” sent to TheCable have now been traced to “agents” of the Peoples Democratic Party (PDP) in Ekiti state, sources said.

The “agents” are accused of leaking the document when it had not been filed in court.

Fayemi, who polled a total of 941 votes at the primary which held on May 12, defeated Oni, his closest rival, by a margin of over 460 votes.

But Oni, in the “originating summons”, asked the court to determine if it was proper for his opponent to contest the primary without resigning as a member of the federal cabinet.

He also purportedly asked the court to determine if Fayemi’s action did not violate the Nigerian constitution and the guidelines of the ruling party primary.

The suit was purportedly filed on his behalf by Gani Faniyi, a lawyer.

“Whether by virtue of All Progressives Congress constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, the 1st Defendant being a serving member of the Federal Executive and Federal Minister of Solid Minerals, Mines and Steel Development having not resigned his appointment as a member of Federal Executive and Minister of Solid Mineral, Mines and Steel Development, at all or at least 30 days to the said primaries election of 12th May, 2018 was qualified to contest and participate in the said All Progressive Congress Governorship primaries of 12th May, 2018 as an aspirant in that election,” the document read.

“Whether by virtue of All Progressive Congress Constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, at Damilek Event Centre, Ado-Ekiti for the purpose of determining or nominating the 2nd Defendant candidate for the 12th July Ekiti State Governorship election, the 1st Defendant having being indicted by Rtd. Hon. Justice Oyewole Judicial Panel of Enquiry was qualified to contest and participate in the said All Progressives Congress Governorship primary of 12th May, 2018 as an aspirant in that election.”

Among the reliefs Oni was purportedly seeking are: “A declaration that the claimant (Oni) having scored 481 votes which is the majority of lawful and valid votes at the 2nd Defendant (APC) the 12th May, 2018 A.P.C Governorship primaries election for the purpose of determining the 2nd Defendant’s candidate for the 14th July 2018 election for the office of Governor Ekiti State is the person that was validly nominated by the 2nd Defendant for the 14th July, 2018 election for the office of Governor, Ekiti state.”

Fayemi resigned on May 30 and later appointed Opeyemi Bamidele, a governorship aspirant of the APC, as the director-general of his campaign.

THE ORIGINATING SUMMONS
IN THE FEDERAL HIGH COURT OF NIGERIA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA BETWEEN ADEBAYO SEGUN ONI (CLAIMANT) AND JOHN KAYODE FAYEMI, ALL PROGRESSIVE CONGRESS, INDEPENDENT NATIONAL ELECTORAL COMMISSION (DEFENDANTS)

ORIGINATING SUMMONS

LET ALL THE defendants above named within 30 days after the service of this summon inclusive of the day of such service cause an appearance to be entered for them to this summons which is issued upon the application of the Plaintiffs who seek the following:

QUESTIONS FOR DETERMINATION

Whether by virtue of All Progressives Congress Constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, the 1st Defendant being a serving member of the Federal Executive and Federal Minister of Solid Minerals, Mines and Steel Development having not resigned his appointment as a member of Federal Executive and Minister of Solid Mineral, Mines and Steel Development, at all or at least 30 days to the said primaries election of 12th May, 2018 was qualified to contest and participate in the said All Progressive Congress Governorship primaries of 12th May, 2018 as an aspirant in that election.

Whether by virtue of All Progressive Congress Constitution and particularly Articles 2 and 5 of All Progressive Congress 2014 Guidelines for the nomination of candidates for public office as applicable to the A.P.C Governorship primaries conducted on the 12th May, 2018, at Damilek Event Centre, Ado-Ekiti for the purpose of determining or nominating the 2nd Defendant candidate for the 12th July Ekiti State Governorship election,the 1st Defendant having being indicted by Rtd.Hon. Justice Oyewole Judicial Panel of Enquiry was qualified to contest and participate in the said All Progressives Congress Governorship primary of 12th May, 2018 as an aspirant in that election.

Whether on a community reading of the provisions of Articles 13.4 (V) of the APC 2014 Constitution (as amended), Articles 2 butte points (8), (10) and Article 12.1 (a) (b) (e) (f) the 1st defendant was eligible, qualified and competent to participate in the 2nd defendant primary elections conducted on 12th May, 2018 which threw up the 1st Defendant as the purported winner as the nominated candidate of the 2nd

Whether it was right for the 2nddefendant to have returned the 1st defendant as the nominated candidate of the All Progressives Congress despite not having met all the mandatory requisite requirements necessary for 1st defendant qualification for such position.

Was it regular, legal and valid for the 2nd defendant to conduct its gubernatorial primaries including the 1st defendant as a qualified aspirant amongst 32 others inspite of the numerous mandatory copious provisions of Articles 12.1 (a) (b) (e) and (f) and Article 13.4 (v) APC Guidelines for Nomination of Candidates for public office 2014 and APC Constitution 2014 (as amended) where 1st defendant was declared nominated by 2nd
RELIEFS SOUGHT

If the answers to the above questions are in the affirmative, then the Plaintiffs seek the following reliefs:

A declaration that the 941 votes credited or recorded as votes cast for the 1st Defendant by the 2nd Defendant Election Committee headed by Al-Makuraat the 12th May, 2018 A.P.C Governorship primary election for the purpose of determining the 2ndDefendant’s candidate for the 14th July election for the office of Governor, Ekiti State are void invalid and wasted, the 1st Defendant having not met the minimum qualification to contest and or participate in the said primaries as an aspirant.

A declaration that the claimant having scored 481 votes which is the majority of lawful and valid votes at the 2nd Defendant at the 12th May, 2018 A.P.C Governorship primaries election for the purpose of determining the 2nd Defendant’s candidate for the 14th July 2018 election for the office of Governor Ekiti State is the person that was validly nominated by the 2nd Defendant for the 14th July, 2018 election for the office of Governor, Ekiti State.

An order of this directing the 2nd Defendant to forward the claimant’s name to the 3rd Defendant as her validly nominate candidate from the 2nd Defendant’s Governorship primaries election conducted to nominated 2nd Defendant candidate for the 14th July, 2018 election for the office of Governor, Ekiti State.

AN ORDER of court directing the 3rd defendant to strikes out and or delete the name of the 1st defendant as the candidate presented to the 3rd defendant and replace plaintiffs name and or enter the name of the plaintiff as the duly nominated candidate of the 2nd defendant All Progressives Congress.

An Order of perpetual injunction restraining the 1st defendant from parading himself or holding himself out in any manner or guise whatsoever as the nominated gubernatorial candidate of the 2nd defendant All Progressives Congress for the Ekiti State Governorship Election slated for 14th July, 2018 by the defendant.

An Order of perpetual injunction restraining the 2nd defendant from associating with, dealing or recognizing the 1st Defendant as her Governorship candidate for the impending Governorship election scheduled for 14th July, 2018.

An Order of perpetual injunction restraining the 3rd defendant from continuing to deal with or otherwise recognize 1st defendant for the Ekiti State Governorship Election, 2018.

An Order of Court REVERSING whatever privileges and position that might accrue to or the benefit of the 1st defendant arising from or consequential thereto from the invalid primary and conferring same on the plaintiff in any manner whatsoever.