A Federal High Court sitting in Osogbo, Osun State, has dismissed the case brought before it by a faction of the All Progressives Congress (APC) in Osun seeking recognition for its parallel ward congress.
In the ruling delivered on Wednesday by Justice Emmanuel Ayoola, the court held that the plaintiffs’ case was not covered by the law thus cannot be adjudicated by any competent court of law.
The court also held that the case was not properly brought in a representative capacity as those represented were imprecise, nebulous and indescribable and undeterminable.
Justice Ayoola noted that the suit brought before the court was strictly a party affair and that the court lacked jurisdiction on the matter.
“The claim 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,” he said.
“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, accordingly, 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.”
Recall that about 2,517 aggrieved members of The Osun Progressives (TOP), a caucus of the APC in Osun, had approached the Federal High Court in Osogbo to challenge the legality of the recently conducted ward congress held in the state on July 31, 2021.
