A Federal High Court sitting in Osogbo, on Wednesday dismissed the case brought before it by the aggrieved members of the Osun Chapter of All Progressives Congress (APC) who are loyal to the immediate ex-Governor of the State and current Minister of Interior, Ogbeni Rauf Aregbesola.
THE group operates under the appellation of The Osun Progressives (TOP).
The Court ruled that the plaintiffs’ case was not covered by the law thus can not be adjudicated by any competent court of law. Besides, it further held that the case was not properly brought in a representative capacity as those represented are imprecise, nebulous and indescribable and undeterminable.
Recall that about 2,517 aggrieved members of the ruling party who had formed a pressure group within the party known as TOP, had approached the Federal High Court sitting in Osogbo to challenge the legality of the recently conducted Ward Congress held on July 31st, 2021 in the State.
Delivering his ruling on the case, the Presiding Judge, Justice Emmanuel Ayoola while giving his ruling said, the suit brought before the court was strictly party affairs and that the court lacks jurisdiction on the matter.
He said, “The claims of the plaintiffs is to draw the court to the internal affairs of the party which is not enshrined in the constitution.
“Supreme Court has said court can’t interfere with the internal issue of party, unless it falls under Section 87(9) of the Electoral Act.
“The plaintiffs are not qualified to be called aspirants in the said congress. Aspirant is someone who participated in election. PDP v Timprale Silva. APC v Marafa. Plaintiff has no status under or right under S. 87(9).
“The fact remains that this matter doesn’t relate to the nomination of any candidate, acordingly, the dispute does not fall under Section 87(8) of Electoral Act and Section 251 of the CFRN. The case of the plantiffs isn’t covered by the law and can’t be adjudicated by the court.”
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