Ayodele Olalere
Justice Nicholas Oweibo of a Federal High Court Lagos, on August 4, 2022, dismissed the suit filed by Hon. Oluwatosin Onamade against the All Progressives Congress (APC) the Independent National Electoral Commission (INEC) and Aro Moshood, as 1st, 2nd and 3rd defendants respectively, challenging the decision of INEC to announce Moshood as the candidate of the APC in the May 27, 2022 primary election into the Lagos House of Assembly for Ikorodu Constituency 2.
Onamade had told the court that the 3rd defendant was still a member of the People Democratic Party, PDP, having failed to resign his membership before contesting on the platform of APC.
He also accused Aro of using a fake membership card of the APC to take part in the election. He tendered letters from the Ward chairman of the PDP confirming Aro as a member of the party , as well as his campaign posters as a member of the opposition party.
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He also argued that the election was marred by irregularities as some of the candidates that voted were ineligible to vote, adding that after the conduct of the election, INEC failed to announce the winner which was against the provision of the law.
According to him, he only got to know about the emergence of Aro as the winner on June 25, 14days after the election, when he saw names of winners of the election on social media, which prompted him to challenge the result.
He, therefore, urged the court to declare the election null and void and declare him as the winner.
Giving reasons for dismissing the suit, the court claimed it lacked jurisdiction to hear the matter on the ground that the plaintiff filed the suit after 14days from the day of the election as stipulated by law.
However, Onamade said the court erred when it failed to take into consideration that INEC failed to announce the results of the election on the spot on the day of the election but only did so on June 25, which was already passed the 14days stipulated.
In his Notice of Appeal which is now before the Court of Appeal, Onamade is challenging the decision of the lower court to dismiss the suit.
One of the grounds is that having filed the substantive suit on July 5, time could not have run out on him since INEC concealed the results of the election and waited till after 14days before results began flying around on social media with the name of Aro as the winner, which was against Section 84 of the Electoral Act 2022.
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The decision of the lower court to also dismiss the suit on the ground that no evidence was provided to support the claim that there were irregularities in the conduct of the election, is also under contention.
The lower court failed to take cognisance of the fact that Onamade had, during the hearing provided exhibits such as several letters written to INEC and the APC, complaining of non declaration of winners of the election on the day it was conducted. At the hearing, neither INEC nor APC denied receiving such letters of complaint.
The failure of the court to examine the complaint concerning the eligibility of the 3rd defendant to contest in the election as a member of the opposition party also raised eyebrows.
While the lower court hide behind the claim that the choice of a candidate is a party affair, it failed to take into consideration exhibits before it confirming that the 3rd defendant was still a member of the PDP when he contested in the APC’s election, as well as the alleged fake membership card presented by the 3rd defendant to contest in the election.
The court also failed to take into consideration that the ruling party erred by allowing the 3rd defendant to take part in the election which was against the Electoral Act which mandated a candidate to resign his or her membership of a political party before joining another one.
Onamade is therefore urging the Appeal Court to set aside the decision of the lower court and declare it null, describing the judgment as perversion of justice.
He also denied the rumour the court awarded N50,000 against him.
