Dr Olusegun Ategbole,an Aspirant in the recently concluded All Progressives Congress (APC) primary election to determine the candidate for the Akoko South East/Akoko South West federal constituency in the forthcoming general elections has approached court seeking nullification of the primaries.
It would be recalled that APC had been facing litigation crisis in electing a House of Representatives candidate for the Akoko South East/Akoko South West federal constituency.
Having settled in court and the party national Secretariat fixed a November 29, 2022 for a fresh primary, the party had run into another hitch as one of the aspirants, Ategbole seeks nullification of the primary which was won by Adefarati with 71 votes while Ategbole polled 55 votes.
Ategbole had alleged that 17 among the delegates who participated in the first primary were illegally removed and replaced by the party’s leadership and ordered to vote for Adefarati in the fresh primary.
In the Originating summon dated Dec. 8 and made available to newsmen on Tuesday in Akure by his lawyer,Remi Olatubora,SAN, Ategbole,asked the court to declare him winner of the election.
He alleged that the party’s leadership at the state level doctored the delegates’ list used for the primary that held at St. Patrick’s Secondary School, Iwaro, Oka Akoko, Akoko South West Local Government Area , replacing 17 delegates on the list without recourse to Section 84 (8) of the Electoral Act.
According to the originating summon, the applicant prayed the court to determine whether the party APC(1st respondent), party national chairman, Sen. Abdulahi Adamu(2nd respondent), Adegboyega Adefarati(4th respondent) and Ondo State Chairman of the party, Ade Adetimehin(4th respondent) can remove and replace names of delegates contrary to Section 84 (8) of the Electoral Act.
Ategbole finally sought “an order mandating the 3rd defendant(INEC)to re-issue a fresh Certificate of Return to the plaintiff in the event that the first defendant submitted the name of the fourth defendant(Adefarati) to the third defendant and the said 4th defendant emerges the winner of the House of Representatives election for Akoko South East/Akoko South West to be conducted on 25th February, 2023 orll any subsequent date, for the purpose of the Plaintiff being sworn in as the member representing Akoko South East/Akoko South West Federal Constituency in the House of Representatives.”