December 4, 2022
A Court of Appeal sitting in Abuja has affirmed immediate past governor of Osun State Gboyega Oyetola and his running mate, Benedict Alabi, as the authentic gubernatorial candidates for the All progressive Congress (APC).
The appeal with no: CA/ABJ/CV/1099/2022 was between Adegboyega Oyetola & Anor v PDP & Ors.
The court nullified the ruling of the Federal High Court Abuja by Justice Emeka Nwite on 30th September, which rejected Oyetola and his Deputy Alabi as APC candidates.
The Court insisted that the decision for the choice of candidates rests on the shoulders of the party members through congress and could not be rendered illegal by any party.
Yobe Governor Mai Buni had submitted the names of the candidates to INEC but the High Court violated the provisions of Section 183 of the Constitution and Section 82 (3) of the Electoral Act, 2022.
Justice Nwite, agreed with the submissions and declared declared Oyetola’s candidature null and void.
The PDP through its counsel, Kehinde Ogunwumiju, in the suit dragged Buni and four others before the court challenging the nomination and sponsorship of Oyetola and his running mate as the right nominated candidates of the APC.
However, on Friday the court reversed its decision, stating that Mai Bala Buni as a Governor has the privilege of immunity and so cannot be sued.