The former Governor of Osun State, Gboyega Oyetola and his running mate in the July 16, 2022 governorship election in the state, Benedict Alabi on Friday was affirmed as the authentic candidates of the All Progressives Congress (APC).
The appeal with no: CA/ABJ/CV/1099/2022 was between Adegboyega Oyetola & Anor v PDP & Ors.
According to the appellate court, the result of the APC governorship primary in the state was a collective decision of the party.
The court ruled that the primary election which produced Oyetola could not be rendered illegal by constitutional challenge or deformity of any officer of the party.
The court noted 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 court of appeal on Friday 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.
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 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.
Justice Emeka Nwite agreeing with the submissions of the plaintiff’s counsel had declared null and void the nomination of Oyetola and Alabi by the APC.
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.
The Court of Appeal on Friday set aside the ruling which nullified the nomination of Oyetola and Alabi as the APC candidates in the governorship election.