Aiyedatiwa’s candidacy: APC seeks transfer of Jimoh Ibrahim’s suit to Akure
The All Progressives Congress (APC) has sought the transfer to the Akure Division of the Federal High Court a suit Senator Jimoh Ibrahim filed in the Abuja Division of the court against the nomination of Governor Lucky Aiyedatiwa as the party’s candidate for the November 16 governorship election in Ondo State.
The APC, in a letter dated May 12 and addressed to the Chief Judge of the court, argued that the court’s Akure Division is the appropriate venue for the determination of the case, which is challenging the outcome of its primary election conducted on April 20 in Akure.
In the letter written by one of its lawyers, Matthew Burkaa (SAN), the ruling party said its request was premised on Rule IV(8)(i) of the Federal High Court (Pre-Election) Practice Directions 2022.
It provides that: “All suits, wherein the cause of action arose in a judicial division and the relief seeks a declaration or to compel or restrain person(s), natural or legal within that judicial division, with no consequence outside it, shall be file, received or heard only within that judicial division.”
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The APC noted that not only was the primary election, which is the subject of the suit, held in Ondo State, all the defendants have offices in Akure, the state capital.
“It is our view that the Akure Judicial Division is the appropriate and most convenient forum for the determination of this matter.
“We most humbly pray My Lord to transfer this matter to the Akure Judicial Division of the Federal High Court for the following reasons:
•Convenience of the parties, as the plaintiff and defendants are based in Akure and other towns in Ondo State.
• There is a Federal High Court division located at Akure, with two courts (Court 1 and Court 2).
•We crave your Lordship’s indulgence to grant our application.”
Defendants in the suit are: the APC, Aiyedatiwa, and the Independent National Electoral Commission (INEC).
At the mention of the case yesterday, the plaintiff’s lawyer, Chris Uche (SAN), told the court that he had received a memorandum of conditional appearance from APC’s lawyer.
Uche said he also received a memorandum of conditional appearance from INEC but had not received anything from Aiyedatiwa.
The lawyer said none of the defendants had filed a defence.
The lawyer to the APC, Tayo Oyetibo (SAN), acknowledged filing a memorandum of conditional appearance.
Oyetibo, who said his client was still within time to file its response to the suit, wondered why the plaintiff filed the suit in Abuja.
The lawyer informed the court about the letter written by his client for the transfer of the case to Akure.
He added that his client was awaiting the response of the court’s Chief Judge to the letter.
Aiyedatiwa’s lawyer, Bode Olanipekun (SAN), confirmed that he was aware of the APC letter.
He added that his client was also within time to respond to the suit.
INEC’s lawyer, Charles Edosomwan (SAN), who also confirmed being aware of the letter, said his client was still within time to react to the suit.
Responding, Uche argued that the writing of a letter by one of the defendants was unimportant because it was not before the court.
Justice Inyang Ekwo said the issue of whether or not a party in the case wrote a letter could not be discussed in the court since the letter was not before him.
The judge said he would prefer to focus on what was before his court, which is the suit the plaintiff filed.
He added: “Taking into consideration the time for the parties to file and respond, I will give you a return date and from there we will get further directive.”
The judge ordered the parties to file all necessary paper and adjourned till May 29 for the mention of the suit.
