BY ANTHONY OCHELA, ABUJA
Justice Emeka Nwite of the Federal High Court Abuja, on Friday ordered the Independent National Electoral Commission (INEC) to accept and recognize Olusola Nehemiah and Ezekiel Awude as the Governorship and Deputy Governorship Candidates of the Labour Party for the Ondo State Governorship Election scheduled for November 16, 2024.
Justice Nwite gave the order while delivering judgment in a suit instituted by the duo of Nehemiah and Awude and marked: FHC/ABJ/CS/1105/2024 between Labour Party & 6 Others vs. INEC.
Justice Nwite held that the second primary election held by Labour Party and which produced Nehemiah and Awude was valid and must be upheld by INEC.
Justice Nwite said that there was evidence that Mr. Nehemiah ordered and paid the sum of N20million for nomination form and was duly issued a form that led to conduct of the second primary election.
The Judge also held that there was evidence that Labour Party ordered Nehemiah to pay the sum of N5million to one Festus Olorunfemi as expenses upon his withdrawal from the Governorship race.
Justice Nwite said it was wrong and illegal for the Julius Abure led Labour Party leaders to disown the fresh primary election that produced Nehemiah and Awude having met all conditions precedent.
Justice Nwite therefore ordered INEC to accept the nomination of Nehemiah and Awude and publish their names as lawful candidates of the Labour Party for the Ondo state Governorship election slated for November 16.
Ondo 2024: Court stops Olorunfemi from Joining LP suit, fixes date for Candidacy ruling.
In the Originating Summons in Suit N0 FHC/ABJ/ CS/1105/2024 filed on the 6th August 2024, by the Labour Party in conjunction with Chief Olusola Nehemiah and Ezekiel Awude as the Governorship and Deputy Governorship candidates respectively, the Plaintiffs sought:
A DECLARATION that by the combined effects of Sections 29, 31 and 33 of the Electoral Act 2022, the 1st Plaintiff which candidate withdrew on the 9th day of July, 2024 is entitled to produce and submit fresh candidates to the Defendant for the Ondo State Governorship Election scheduled for the 16th day of November, 2024.
A DECLARATION that the candidate of the 1st Plaintiff having withdrawn his candidature on the 9th day of July, 2024 and the 1st Plaintiff having conducted a fresh primary on the 18th day of July 2024 which produced the 2nd and 3rd Plaintiffs whose names by letters duly received were submitted to the Defendant, the Defendant is obliged to publish the names of the 2nd and 3rd Plaintiffs as respectively the Governorship and Deputy Governorship candidates of the 1st Plaintiff for the Ondo State Governorship Election scheduled for the 16th day of November, 2024.
AN ORDER of this Honourable Court directing, compelling and mandating the Defendant to publish the names of the 2nd and 3rd Plaintiffs as the Governorship and Deputy Governorship candidates respectively of the 1st Plaintiff in the Ondo State Governorship Election scheduled for the 16th day of November, 2024.
AN ORDER of this Honourable Court directing, compelling and mandating the Defendant to accord the 2nd and 3rd Plaintiffs all the rights and privileges due as candidates of the 1st Plaintiff and such as enjoyed by candidates of all other political parties in the Ondo State Governorship Election scheduled for the 16th day of November 2024.
The 17-paragraph Affidavit in support of the Originating Summons deposed to by Chief Olusola Nehemiah was accompanied by 4 exhibits including Exhibit A- letter dated 9th July 2024 and received by INEC on the 10th July 2024 given notice of the withdrawal of the Governorship and Deputy Governorship candidates for a Fresh Primary at the Party Secretariat Akure on the 18th July, his nomination form (Exhibit B) and letter of the Party received by INEC on 24th July on the report of the primary and submitting the names of Olusola Nehemiah Ebiseni and Adedayo Ezekiel Awude as Governorship and Deputy Governorship candidates (Exhibit D).
In its reaction INEC filed Counter-affidavit dated 22nd August with 5 Exhibits which include 1-3 comprising INEC Timetable, Guidelines and the results of the Party Primary held on the 25th April 2024 which produced Festus Ayo Olorunfemi and Dame Olabisi Adu-Okunniyi as Governorship and Deputy Governorship candidates respectively.
Notably, Exhibit INEC 4 is the same letter as the Plaintiffs Exhibit A signed by the National Chairman and Secretary titled Notice of Withdrawal and date for Fresh Primary.
The letter brought to Court by INEC was accompanied by letter by Dr Festus Ayo Olorunfemi dated 9th July 2024 titled “Letter of voluntary withdrawal as Gubernatorial candidate for Ondo State Governorship Election 2024” stating among other reasons that “the decision became inevitable after consultation with my immediate family and supporters based on financial constraints.
I hereby withdraw and request the Party leadership to replace me with another candidate” with an affidavit deposed same day by him at the High Court of the FCT giving same reasons for withdrawal and urging the leadership of the Party for replacement.
The Deputy Governorship candidate Dame Olabisi Adu-Okunniyi followed similar patterns withdrawing her candidature as Deputy Governorship candidate.
The Electoral Commission further forwarded a letter dated 11th July 2024 (INEC 5) wherein the Party was said to have withdrawn the earlier letter of withdrawal.
In their further affidavit against INEC, the Plaintiffs denounced the said second letter as not emanating from the Party for several reasons stating that having withdrawn and deposed to affidavits to that effect, the withdrawal is irreversible by the candidates particularly that no further letter or affidavit was deposed contrary to their earlier depositions, that the purported writer of the second letter cannot make such claim on behalf of the candidates, that the party can only forward the decision but not decide on behalf of the candidate.
The Plaintiffs further stated that the Electoral Act has no provision for reversal of the act of withdrawal even by the candidate.
In addition, the Plaintiffs exhibited the receipt of N20M paid and received from Chief Olusola Nehemiah as Nomination Fees by the Party and another sum of N5 Million Naira paid by him to Festus Ayo Olorunfemi for his expenses as directed by the Party.
The Plaintiffs submitted that the purported writers of the letter cannot approbate and reprobate on behalf of the Party.
In its Motion on Notice filed 15th August, the NWC of the Party led by Barrister Julius Abure while not denying the candidature of Chief Olusola Nehemiah and Ezekiel Awude as the Governorship and Deputy Governorship candidates deposed only that the counsel to the Plaintiffs were not authorised by them to join the name of Labour Party in the suit and urged the court to strike out the name of the Party.
In their Counter-affidavit, the Plaintiffs deposed that at all times material to his emergence as candidate, the meetings and payments were at the instance of the members of the NWC and that the decision to seek redress in court was at the directive of the Legal Adviser, Mr Kehinde Edun.
