A Federal High Court sitting in Osogbo, Osun State, on Wednesday declined jurisdiction to entertain the case instituted by some aggrieved members of All Progressives Congress (APC) loyal to Minister of Interior, Rauf Aregbesola, against ward congress held in the state.
The aggrieved party members had urged the court to invalidate the ward congress held in the state on July 31, 2021.
Joined as defendants in the suit are the APC, the Caretaker Chairman of the party, Governor Mai Mala-Buni, Chairmen of the Congress and Appeal committees, INEC among others.
In its preliminary objections counsel to the party, Gov. Buni and INEC objected on the ground that the case is a pure party affair, which the court should not dabble into and that Gov Buni by virtue of his position cannot be sued in such suit among other grounds.
Counsel to the aggrieved party members, Mahmood Adesina, SAN, said the court can hear the matter that it borders on the exclusion of the party members.
The presiding Judge, Justice Emmanuel Ayoola while giving his ruling disclosed that the suit brought before the court was strictly a party affair that the court cannot meddle into.
“The claims of the plaintiffs is to draw the court to the internal affairs of the party which is not enshrined in the constitution.
“Supreme Court has said court can’t interfere with the internal issue of the party unless it falls under Section 87(9) of the Electoral Act.
“The plaintiff the are not qualified to be called an aspirant in the said congress. An aspirant is someone who participated in the election. PDP v Timprale Silva. APC v Marafa. Pltf has no status under or right under S. 87(9).
“The fact remains that this matter does relate to the nomination of any candidate, accordingly, the dispute does not fall under Section 87(8) of Electoral Act and Section 251 of the CFRN. The case of the plaintiffs is not covered by the law and can’t be adjudicated by the court.”
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