Just In : Court Summons PDP, Kunmi Mustapha, Wasiu Adeleke, OYSIEC Over Interlocutory Injunction On Failed Party Primaries
An High court sitting in Ibadan, Oyo state has ordered Oyo state People’s Democratic Party, state chairman, Alhaji Kunmi Mustapha, Secretary Mr. Wasiu Adeleke and Oyo state Independence Electoral Commission ( OYSIEC ) to appear before the court on the 1st of April, 2021, to appeal an interim injection filed to restrain Alhaji Kunmi Mustapha 2nd respondent and Alhaji Wasiu Adeleke 3rd respondent from submitting to 4th OYSIEC a purported list of candidates of 1st respondent, PDP.
In a case Suit No: 1/340/202, the applicants, Hon. Kelani Abdulahi Sola, Hon. Fagbemi Temidayo Damilare,Hon. Babalola Asimoyu, Jinadu Ibrahim Alao and Oyeleke Oyeniyi Idris had prayed to the hounorable court for:
To restrain the 2nd ( Alh. Kunmi Mustapa )and 3rd ( Mr. Wasiu Adeleke )
Defendants/Respondents from submitting to the 4th Defendant/Respondents ( OYSIEC ) purported list of candidates of the 1st Defendant ( PDP ) for the purpose of participating in the Local Government Election, that is to be conducted by the 4th Defendant ( OYSIEC ).
Asked the court for an Injunction restraining the 4th Defendant/Respondent ( OYSIEC ) from accepting and or recognizing any list of candidates of the 1st Defendant ( PDP ) from
1st, 2nd and 3rd Defendants/Respondents ( PDP, Alh. Kunmi Mustapaha, Mr. Wasiu Adeleke ) for the purpose of participating in the Local Government election pending the determination of the suit.
Asked Order of declaration, setting aside any list of candidates for the offices of Chairman and Councilors in Oyo
State compiled through handpicking by the 2nd ( Alh. Kunmi Mustapha ) and 3rd ( Mr. Wasiu Adeleke ) Defendants on behalf of the 1st Defendant ( PDP ) without valid primaries as envisaged by the Constitution of the Peoples Democratic Party and the Electoral Act 2010 (as amended),
Asked an Order of injunction restraining the 1st ( PDP ), 2nd ( Alh. Kunmi Mistapaha ) and 3rd ( Mr. Wasiu Adeleke ) Defendants from compiling and submitting to the 4th Defendant ( OYSIEC ) any list of candidates for the 1st Defendant ( PDP ) into the office
of Chairmen and Councilors for Local Government of Oyo State until primaries are done, in line with the constitution of the 1st Defendant ( PDP ).
Also ask an Order of injunction restraining the 4th Defendant ( OYSIEC ) from accepting acting upon, on anyway recognizing any list of handpicked candidates from the 2nd and 3rd Defendants on behalf of the 1st Defendant into the offices of Chairmen and Councilors for Local Government in Oyo State until valid primaries are held in line with the Constitution of 1st Defendant and the Electoral Act 2010 (as amended),
And finally asked an Order of Injunction restraining the 4th Defendant ( OYSIEC ) from countenancing, acting upon and or recognizing may list of handpicked candidates submitted to her by the 2nd ( Alh. Kunmi Mustapha and 3rd ( Mr
Wasiu Adeleke ) Defendants on behalf of 1st Defendant ( PDP) for the purpose of the Local Government election in Oyo State.
His Lordship, Justice K.B Olawoyin put on hold, the application of ex-Parte injunction filled by the applicants, stated that, the injection may cause controversy and Public unrest of granted, opined that, the respondents, People’s Democratic Party 1st respondent, Alhaji Kunmi Mustapha 2nd respondent, Mr. Wasiu Adeleke 3rd respondent and Oyo state Independent Electoral Commission 4th respondent should be served a motion on notice and to appear before the court on 1st of April, while originating summon, which is the main suit will come up for hearing on 13th day of April
for the determination of the following questions :
Whether the 1st Defendant can present candidates for the Local Government election in Oyo State, in the absence of valid party primaries is provided in Section 5 (a) and (e) of the Constitution of the 1st Defendunt (as amended in 2017) and the Electoral Act 2010 as amended)
Whether it is not unfair and illegal on the part of the 1st Defendatit where Aspirant were notified to obtain party nomination forms upon payment, cleared for the primaries but the primaries elections were subsequently not allowed to hold?
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