One Eze Henry Ekene and the Delta state chapter of the Allied People’s Movement (APM) have dragged Senator Ovie Omo-Agege, Rt. Hon. Friday Ossai Osanebi, the All Progressives Congress, APC, the People’s Democratic Party, PDP, the Independent National Electoral Commission, INEC, and the Delta State House of Assembly, herein referred to as the 1st to 6th Defendant, to the Federal High Court in Warri, seeking the invalidation of the sponsorship of the 2nd Defendant, Friday Osanebi, as the deputy governorship candidate of APC for the 2023 general elections.
The suit numbered FHC/WR/CS/80/2022, is pursuant to order 3 rules 1 and 9 of the Federal High Court (Civil Procedures) Rules, 2009; Section (6) (6) (B) , 177 (C) and 187 (2) of the constitution of the Federal Republic of Nigeria 1999 (as amended), Section 77 (1) (2) and (3) of the Electoral Act 2022 and under the inherent powers of the court.
The plaintiffs are urging the court to determine whether by virtue of the provisions of sections 177 (C) and 187 (2) of the 1999 construction (as amended) and 77 (1) (2) and (3) of the Electoral Act 2022, the 2nd defendant (Osanebi) who purportedly resigned his membership of the PDP on 6th July, 2022, and whose name is not in the register of members of the APC maintained and submitted to INEC by the APC earlier before its governorship primaries held on the 28th of May, 2022, can be sponsored as the deputy governorship candidate of the APC for the 2023 governorship election in Delta state.
Whether the APC complied with the provisions of section 177 ( C) of the constitution of the Federal Republic of Nigeria 1999 (as amended) by sponsoring a member of another political party as its deputy governorship candidate for the 2023 governorship election scheduled to be conducted by INEC on 11th March, 2023.
Whether, having regard to the provisions of section 177 (C) of the constitution of the Federal Republic of Nigeria 1999 (as amended) a member of a different political party can be the sponsored deputy governorship candidate of the APC for the 2023 governorship election in Delta state.
Upon the determination of the above questions, the plaintiffs seek the relief of the court for a declaration that Rt. Hon Friday Ossai Osanebi, who purportedly resigned his membership of the PDP on 6th July, 2022, and whose name is not in the membership register of the APC maintained and submitted to INEC earlier before its governorship primaries held on 28th May, 2022, cannot be sponsored as the deputy governorship candidate of the APC for the 2023 governorship election in Delta state.
That APC did not comply with the provisions of section 177 (C) of the constitution of the Federal Republic of Nigeria 1999 (as amended) by sponsoring a member of another political party as its deputy governorship candidate for the 2023 governorship election to be conducted by INEC in Delta state.
That a member of another political party cannot be the sponsored deputy governorship candidate of APC for the 2023 governorship election in Delta state.
That Rt. Hon Friday Ossai Osanebi cannot be validly sponsored by APC for the 2023 governorship election for the office of deputy governorship of Delta state.
The plaintiffs are also seeking an order of perpetual injunction restraining INEC from recognizing Senator Ovie Omo-Agege and Rt. Hon Friday Ossai Osanabi as candidates of APC for election to the office of governor and deputy governor of Delta state in the 2023 governorship election.
An order of perpetual injunction restraining INEC from including the names of Senator Ovie Omo- Agege and Rt. Hon Friday Ossai Osanebi as candidates of APC for the election to the office of governor and deputy governor of Delta state in the 2023 governorship election.
And for such further or other order(s) as the court may deem it to make in the circumstances.
The suit, which was filed by Oghenovo O. Otemu Esq and Emmanuel Athekame Esq of Oghenovo O. Otemu Chambers, had been slated for hearing on August 26, 2022.
