By Okejeme Vivian, Abuja
The Supreme Court of Nigeria, has dismissed an appeal instituted by the Peoples Democratic Party(PDP) contesting the nomination of its governorship candidate in Ogun State.
The five-man panel of justices of the apex court, read by Justice Ibrahim Saulawa, in a unanimous decision ordered that the suit instituted by one Jimi Adebisi Lawal, a governorships aspirant, be remitted back to the Federal High Court for a fresh trial.
Justice Taiwo Taiwo of the lower court in a decision made on July 29th, refused to entertain the suit citing that the court has no jurisdiction in the matter.
However, in it’s judgment, the Supreme court agreed with the Court of Appeal in Abuja that the high court has jurisdiction under section 285 of the 1999 Constitution and section 84 [14) of the Electoral Act 2022 to hear the matter of Lawal on its merit.
Consequently, it ordered that the case be remitted to the Chief Judge of the Federal High Court for reassignment to another judge other than Justice Taiwo Taiwo.
Apex Court ordered that the high court must speedily hear the case of Lawal against Oladipupo Adebutu and PDP within time allowed by law.
Jimi Lawal who contested the May 25, governorship primary election of PDP had challenged the emergence of Oladipupo Adebutu alleging that unlawful delegates list was used by PDP to conduct the election.
He also prayed the court that the purported primary election of May 25, be cancelled and another one be conducted with the authentic adhoc delegates.
However, Justice Taiwo Taiwo of the Federal High Court, in his judgment delivered on July 29 declined to hear the suit of Jimi Lawal on merit, on the grounds that the primary election was a domestic affair of any political party and dismissed the suit.
Not satisfied, Lawal approached the Court of Appeal in Abuja with a prayer that the decision of the high court be voided and set aside on the ground of miscarriage of justice.
A three-man panel of Justices of the Court of Appeal in their judgment delivered on September 30th, agreed with Jimi Lawal, set aside judgment of the high court and ordered that the suit be heard on its merit.
The PDP, not satisfied with the Court of Appeal decision approached the Supreme Court on October 14th, praying that the judgment of the Court of Appeal be rejected and that of the Federal High Court be upheld to the effect that the conduct of the primary election is its domestic affair.
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