The Federal High Court sitting in Asaba has ordered the All Progressives Congress (APC), Rt. Hon Friday Osanebi, Senator Ovie Omo-Agege, and the Independent National Electoral Commission, INEC, herein referred to as the 1st to 4th Defendant, to appear before it within seven days after service of the summons issued to them by the Court upon an application of the Action People’s Party, APP, herein referred to as the Plaintiff, praying for the determination of some questions.
The questions border on the eligibility of Rt. Hon Friday Osanebi for nomination as the APC Deputy Governorship candidate for the 2023 general election, having been disqualified in the judgement of a High Court in Kwale, which was affirmed by the Court of Appeal for voluntarily presenting forged documents to INEC in 2015.
The Plaintiff wants the Court to determine whether having regards to the clear and unambiguous provisions of Section 285 (14) (C), 177 (D) and 187 (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the judgement of the Delta State High Court sitting in Kwale in suit No HCK/ 78/2017, delivered on 18/4/2018 and affirmed by the Court of Appeal in its judgement of 22/11/2018 in the case Hon Friday Osanebi vs Mr Ozegbe Lawrence, Hon Osanabi is not disqualified from being nominated as the candidate for the office of Deputy Governor of Delta state in the 2023 general election in view of the fact that at the time of the nomination he was still a member of the PDP.
Whether, having regards to the clear and unambiguous provisions of the Sections of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the judgements of the High Court in Kwale and Court of Appeal referred to above, INEC was right to accept the nomination of Senator Ovie Omo-Agege as the Governorship candidate of APC in Delta state for the 2023 general election, in view of the fact that Hon Osanebi was not qualified to be nominated as the running mate to Omo-Agege having presented a forged certificate to INEC in 2015 and having not resigned his membership of PDP as at the time he was nominated by APC as running mate to Omo-Agege.
Consequently, the Plaintiff, APP, is seeking a declaration of the Court that Hon Osanebi was not duly nominated in accordance with Section 182 (1) and 187 (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 84 (14) of the Electoral Act, 2022, and therefore was not qualified to be nominated and/or have his name submitted to INEC as APC candidate for the position of Deputy Governor of Delta state in the 2023 general.
That having supplied false information and submitted forged documents to INEC in 2015, Hon Osanebi is not qualified to be nominated by Senator Omo-Agege as the candidate of APC for the office of Deputy Governor of Delta state.
That the nomination of Hon Osanebi by Senator Omo-Agege as the candidate for the office of Deputy Governor of Delta state in the 2023 general election is unconstitutional, illegal, null and void and of no effect
That INEC was wrong to have accepted the nomination of Senator Omo-Agege as the Governorship candidate of APC in Delta state for the 2023 general election, in view of the fact that Hon Osanebi was not qualified to be nominated as his running mate, having presented a forged certificate to INEC in 2015 and having not resigned his membership of PDP as at the time he was nominated by APC as the running mate to Senator Omo-Agege.
That INEC ought not to have published the names of Senator Omo-Agege and Hon Friday Osanebi as the Delta state Governorship and Deputy Governorship candidates of APC in the 2023 general election as both of them were not qualified to contest the election.
The Plaintiff is also seeking relief for an Order of the Court disqualifying Hon Friday Osanebi and Senator Ovie Omo-Agege from participating as the Governorship and Deputy Governorship candidates of APC in Delta state for the 2023 general election.
An Order of injunction restraining INEC from recognizing Hon Osanebi and Senator Ovie Omo-Agege as the Governorship and Deputy Governorship candidates of APC in Delta state for the 2023 general election.
An Order of injunction restraining APC from presenting and/or taking any step towards presenting Hon Osanebi to INEC as the candidate for the office of Deputy Governor of Delta state in the forthcoming general election.
An Order of injunction restraining Hon Osanebi from presenting himself and/or taking any step towards presenting himself to INEC as the candidate for the office of Deputy Governor of Delta state in the 2023 general election.
The Court warned that if the Defendants failed to respond within the time at the place mentioned above, the Orders would be made and proceedings might be taken as the Judge might deem just and expedient.
The suit was filed for the Plaintiff by Patrick Mekake of Patrick Mekake and Associates.
