The Federal High Court, Abuja on Thursday, dismissed a suit filed by Mr Jimi Adebisi-Lawal, a candidate of the PDP against Mr Oladipupo Adebutu, with respect to the Ogun PDP governorship ticket.
Lawal and Adebutu are both claiming to be the governorship candidate of the party for the 2023 governorship election in the state.
Delivering Judgment, Justice Inyang Ekwo held that he did not see any concrete evidence by Lawal to support his claim that an unlawful delegate list was used by the PDP to conduct the April 30, ward congress in Ogun.
The judge said that the plaintiff, by filing the suit was only playing the role of a spoiler as the suit was a product of an after thought.
“I have no reason to say that the primary election was invalid, null and void.
“Upon reviewing the evidence, I find that the plaintiff attempted to use a further affidavit to amend his originating summons.
“The case of the plaintiff has been debunked by exhibits of the defendants.
“I find that the case of the plaintiff lacks credible evidence and I make an order dismissing the case,” the judge said.
Lawal, who contested the May 25, governorship primary election of the PDP in Ogun had challenged the emergence of Adebutu as the governorship candidate.
He based his claims on grounds of alleged unlawful and invalid delegates list which was fraudulently used by PDP to conduct the election.
He asked the court to cancel the May 25 governorship primary election and order that another election be conducted with the authentic ad hoc delegates list.
His suit, filed in June, was turned down by Justice Taiwo Taiwo on grounds of lack of jurisdiction.
Justice Taiwo, in his judgment of July 29 held that the primary election was a domestic affair of any political party and dismissed the suit.
However, following Lawal’s appeal, the judgment of Taiwo was set aside and the Chief Judge of the Federal High Court was ordered to reassign the suit for fresh hearing by another judge.
The Supreme Court in its judgment of Nov. 21, while affirming the judgment of the appellate court ordered that the case be given expeditious hearing.
The court based its ruling on the grounds that the 180 days allowed in law for pre-election matters would soon elapse.
The case was re-assigned to Justice Ekwo who observed that the life span of the suit would elapse on Friday and subsequently, fixed Dec. 1 for judgment.
The News Agency of Nigeria, (NAN) reports that Justice Ekwo heard the suit expeditiously in compliance of the order of the apex court.
Speaking to newsmen, counsel to Adebutu, Mr Chris Uche, SAN said the the court had vindicated the primary election victory of his client.
NAN
