Tuesday, February 12, 2019 7:29 pm
The Appeal Court sitting in Ilorin on Tuesday upheld the candidature of Kwara State All Progressives Congress, (APC) governorship candidate AbdulRahman AbdulRazaq, setting aside an earlier ruling by the state High Court.
The appeal court also held that state High Court lack powers to entertain any suit against the Independent National Electoral Commission (INEC).
In a unanimous decision on the interlocutory appeals filed by the APC, Justice Hamma Barka, who read the ruling, said the originating summons by the Balogun-Fulani’s faction was not sealed by the registry and that robs the court of jurisdiction.
He upheld all the four grounds of appeal filed by the APC and set aside the ruling of the Kwara State High Court which was given on Oct. 24.
The Ilorin High Court had on Oct. 24, 2018 ruled that the Balogun-Fulani’s faction was the authentic state party executive.
It therefore described its dissolution by the National Working Committee as illegal and unconstitutional.
The Appeal Court, however, said that the nomination of AbdulRazaq by the APC National Working Committee led by Comrade Adams Oshiomhole was in order.
The court described the state executive committee of a party as a branch of its national headquarters and therefore, has no power or right to conduct any primaries to the offices of the President, Governor, National Assembly or State Assembly positions.
The court said that the case of the Ishola Balogun-Fulani was defective in all ramifications because the originating summons was incurably detective.
By the ruling, the dissolution of the Ishola Balogun-led APC Executive in Kwara State by the Oshiomhole led National Executive Committee now stands.