The first runner-up in the last governorship primary of the All Progressives ýin Ondo State, Mr. Olusegun Abraham, has asked a Federal High Court in Abuja to nullify the outcome of the September 3, 2016 exercise on the grounds of alleged irregularities.
He also sought an order nullifying the nomination of Mr. Rotimi Akeredolu by the APC as its candidate in the forthcoming election.
Joined as respondents in the suit marked, FHC/ABJ/CS/788/2016, are the APC, Akeredolu, the party’s National Chairman, John Odigie-Oyegun, and the Independent National Electoral Commission.
Justice Nnamdi Dimgba on Monday ordered the service of court documents, in relation to the case, on both Odigie-Oyegun and Akeredolu through substituted means.
The judge’s order was informed by the application by the plaintiff’s lawyer, Prof. Yemi Akinseye-George (SAN), in which he complained of his client’s inability to effect personal service on the two defendants.
He said the other two defendants – the APC and INEC had been served the court documents.
Abraham’s suit is, among others, challenging the competence of the last APC’s governorship primary in Ondo State held on September 3 this year.
The plaintiff, who raised eight questions for determination, is praying the court to, among others, declare that the primary was held in violation of the provisions of the APC’s Electoral Guidelines for Governorship primary election 2014.
He said the primary also flouted the party’s constitution and was therefore invalid and incapable of validly producing Akeredolu as a candidate.
He also sought an order setting aside the primary for alleged non-compliance with the provisions of the party’s primary election guidelines and constitution.
Abraham, who emerged second in the primary, equally asked the court to set aside the submission of Akeredolu’s name to INEC by Odigie-Oyegun.
He also sought an order compelling INEC to extend the time within which the APC could conduct a fresh primary based “on the congress and congress appeal committee’s delegates’ list 2014 and in compliance with the provisions of the Electoral Act, the constitution of the APC, the party’s electoral guidelines 2014 and the Constitution of Nigeria.”
A date will be fixed for the hearing of the case after the plaintiff reports compliance with the order for substituted service..