The tussle over the candidacy of the All Progressives Congress (APC) in the September 2024 gubernatorial election assumed a fresh dimension yesterday as one of the aspirants, Hon. Anamero Sunday Dekeri, filed a lawsuit at the Federal High Court in Abuja over the matter.
Dekeri, in suit (No. FHC/ABJ/CS/299/2024), is asking the court to compel the Independent National Electoral Commission (INEC) and the APC to recognise him as the lawful winner of the February 17, 2024, gubernatorial primary election.
Recall that the APC national leadership had, upon continuation of the primaries after its suspension, declared Senator Monday Okpebholo as winner of the primary election on February 22.
However, Dekeri had been declared winner of the primary election by the local government returning officers.
The council officer, Mr. Ojo Babatunde, who collated the results from the poliiing units, declared Dekeri the winner with 25,384 votes to defeat his closest rival, Hon. Dennis Idahosa, who scored 14,127 votes.
Dekeri’s counsels Joseph Nwobike, SAN, Chief Henry Akunebo, SAN, and ten others said the declaration of Okpebholo as winner of the rescheduled primary election for February 22, 2024, and as APC candidate is invalid, wrongful, and illegal as the same was done in brazen breach of the 1999 Constitution, Section 84(13) of the Electoral Act, 2022, as amended.
They also cited OJUKWU v. MILITARY GOVERNOR OF LAGOS STATE & ORS (1985) LPELR-21274 (CA) to remind INEC not to act against the law.
In a letter through his lawyers to INEC, informing the commission of his suit, Dekeri, said “The declaration of Senator Monday Okpebholo as winner of the rescheduled primary for 22nd February, 2024 and candidate of the All Progressives Congress (APC) for Edo State Governorship election scheduled for September, 2024 is invalid, wrongful and illegal as same was done in brazen breach of the Constitution of the Federal Republic of Nigeria, 1999, as amended, Electoral Act, 2022, as amended, and the Party’s constitution and guidelines for the primaries.
“It is the contention of our client that as the rightful winner of the primary election of 17th February, 2024, his right to be declared as the rightful candidate of the All progressives Congress for 2024 Edo State governorship election by APC has become accrued and vested, and that his accrued and vested rights cannot be extinguished, overridden and or defeated by the later declaration of Senator Monday Okpebholo in a supplementary primary election which ,from all intents and purpose, was supposed to be a continuation of the previous primary election.
“Our client further contends that your commission is under a duty pursuant to section 84(13) to reject the purported nomination of Senator Monday Okpebholoas the candidate of APC for the Edo State Governorship election which nomination was done in breach of the provision of its Constitution and the Electoral Act, 2022, as amended.
“The purpose of this letter is to respectfully inform you of the pendency of this suit and at the same time to request you not to accept, receive and or process the nomination of Senator Monday Okpebholo or any other person for that matter other than our client as the rightful candidate of All Progressives Congress (APC) for the Edo State Governorship election slated for September, 2024,” it read in part.
