February 3, 2023

SHOKOYA DEFEATS ADENAIKE IN COURT AS STRUGGLE FOR SENATORIAL SEAT CONTINUES  

A Federal High Court, sitting in Abeokuta, Ogun State, has ordered the Social Democratic Party (SDP) in the state to recognise Adewale Shokoya as the senatorial candidate of the Ogun East District ahead of 2023 elections.

 This was contained in the court judgement delivered on the suit filed by Adewale Shokoya, one of the candidates in the primaries in a suit numbered FHC/PH/CS/122/2022, where he urged the court to rule that Engr. Adewale Adenaike was not the winner of the election.

Shokoya also urged the court to declare him the winner of the primary election.

Engr. Adewale Adenaike was annouced as the candidate for Social Democratic Party, SDP for the Ogun East Senatorial District at the party’s primary election.

The Primary Election was conducted by the INEC officials at the Mobalufon hall In Ijebu Ode.

Adenaike was declared winner with 28 votes to defeat Prince Wale Sokoya who had 17 votes.

However, Adewale filed a suit challenging the election at the court which was heard at the Abeokuta division of this court on 29th June 2022.

By the Originating Summons dated 23rd June 2022, Adewale Shokoya presented five questions before the Court for determination.

“Whether on the judicial and judicious interpretation of Sections 29, 84 and 152 of the Electoral Act, 2022 and the Report on the Ogun East Senatorial Primaries by the 1st Defendant respectively, a person who has been disqualified from participating in his party’s primaries can qualify as a “candidate”?

“Whether by the combined effects of Sections 29, 84 and 152 of the Electoral Act, 2022 and the Report on the Ogun East Senatorial Primaries by the 1st Defendant, only members of the 1st Defendant who submitted their nomination forms before the Ogun East Senatorial Primaries on the 30th day of May 2022 are entitled to participate in the aforesaid primaries?

“Whether the 2nd Defendant is not under a legal duty to recognise, accept and regard the candidate who was qualified and participated in the primary election conducted by the 1st Defendant and observed and supervised by the 2nd Defendant on the 30th day of May 2022 for purposes of election scheduled for 25th of February, 2023 and cause the name, photograph and particulars of such a candidate in the 2nd Defendant’s publications, ballot papers, result sheets and any other necessary materials for the election to the seat of the Senate in respect of Ogun East Senatorial District?

“Whether the 2nd Defendant in the exercise of its statutory powers pursuant to Sections 76, 78, 153, 224 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and paragraph 15 of the Third Schedule thereto is not under a legal obligation not to accept the name of the 3rd Defendant submitted to it by the 1st Defendant, as the sponsored candidate of the 1st Defendant for the Senatorial Elections slated for 25th day of February, 2023 for the Ogun East Senatorial District, the 3rd Defendant having been disqualified from the primaries?

“Whether by the combined effects of Sections 2 and 84 of the Electoral Act, 2022, the Report on the Ogun East Senatorial Primaries by the 1st Defendant, Sections 76, 78, 153 and 224 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and paragraph 15 of the Third Schedule thereto, the 2nd Defendant is not under a legal obligation to accept, recognize and regard the Plaintiff as the valid, authentic, nominated and sponsored candidate of the 1st Defendant for the Ogun East Senatorial District seat for the Senatorial election scheduled for the 25th day of February, 2023?

The Reliefs being sought are as follows:

“A Declaration that in line with the provisions of Section 84 of the Electoral Act, 2022 and the Report on the Ogun East Senatorial Primaries by the 1st Defendant, the Plaintiff emerged the winner of the primary election conducted by the 1st Defendant which was observed and supervised by the 2nd Defendant on the 30th day of May, 2022 and should be the validly nominated and sponsored candidate of the 1st Defendant for the Ogun East Senatorial election scheduled for the 25th day of February, 2023 or any other date at all for the Ogun East Senatorial District, Ogun State of Nigeria.

“A Declaration that the lawful, legitimate and sponsored candidate of the 1st Defendant for the election on the 25th day of February, 2023 or any other date at all to the Ogun East Senatorial seat, Ogun State is the Plaintiff, who was the only candidate duly qualified to participate in the 1st Defendant’s primary election conducted on the 30th day of May 2022 and not the 3rd Defendant who was disqualified by the 1st Defendant.

“An Order of injunction restraining the 2nd Defendant, its agents, servants and privies from recognizing, accepting and regarding the 3rd Defendant or any other candidate at all except the Plaintiff as the candidate of the 1st Defendant for the Ogun East Senatorial election scheduled to hold on the 25th day of February, 2023 or any other date at all, the 3rd Defendant having being disqualified from participating in the Primary Election conducted by the 1st Defendant observed and supervised by the 2nd Defendant on the 30th day of May 2022.

“An Order of Injunction restraining the 2nd Defendant from accepting, recognizing or acting upon any list of candidates other than the list bearing the name of the Plaintiff as the candidates of the 1st Defendant, for the Ogun East Senatorial District or in any way publishing, displaying, screening, putting on the ballot paper or howsoever dealing with any person other than the Claimant as the 1st Defendant’s candidate for the Ogun East Senatorial seat, Ogun State election scheduled for the 23rd of February 2023 or any other date.

“An Order of mandatory injunction compelling the 2nd Defendant to recognize, and publish the name of the Plaintiff as the authentic and lawful candidate of the 1st Defendant for the election for Ogun East Senatorial seat, Ogun State scheduled for 23rd of February, 2023 or any other date.

“An Order of injunction restraining the 1st Defendant from holding out, parading or recognizing the 3rd Defendant or any other person other than the Plaintiff as the candidate of the 1st Defendant for the election for Ogun East Senatorial Seat, Ogun State scheduled for the 23rd of February, 2023 or any other date.

“Such other reliefs and/or orders the Honourable Court may judicially and judiciously grant in favour of the Plaintiff in the circumstances.”

On Thursday, in a judgement delivered by Honorable Justice O.O. Oguntoyinbo, the court ruled that Shokoya was entitled to be validly nominated and sponsored as the candidate.

The judgement reads; “That in line with the provisions of Section 84 of the Electoral Act, 2022 and the Report on the Ogun East Senatorial Primaries by the 1st Defendant, the Plaintiff who emerged the winner of the primary election conducted by the 1st Defendant which was observed and supervised by the 2nd Defendant on the 30th day of May, 2022 is entitled to be validly nominated and sponsored as the candidate of the 1st Defendant for the Ogun East Senatorial election scheduled for the 25th day of February, 2023 or any other date at all for the Ogun East Senatorial District, Ogun State of Nigeria.

“That the 2nd Defendant, its agents, servants and privies are restrained from recognizing, accepting and regarding the 3rd Defendant as the candidate of the 1st Defendant for the Ogun East Senatorial election scheduled to hold on the 25th day of February, 2023 or any other date at all, the 3rd Defendant having being disqualified from participating in the Primary Election conducted by the 1st Defendant observed and supervised by the 2nd Defendant on the 30th day of May 2022.

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