October 3, 2022

Supreme Court, Ebonyi Judgement And Babayemi’s False Hope

3 min read

By M.K Omolade Esq

My attention was drawn to the recent Supreme Court judgement delivered today 14th of September 2022 that affirmed Mr. Odili Ifeanyi as PDP governorship candidate for the 2023 gubernatorial election in Ebonyi state Nigeria after setting the judgement of the Appeal Court that earlier affirmed senator Joseph ebony as the governorship candidate for PDP in Ebonyi state.

The crux of the facts, in that case, was that Mr. Odili Ifeanyi won the PDP primary election conducted by the National organ of the Party (PDP) supervised by the INEC in line with the provisions of the PDP constitution, the constitution of Nigeria 1999 as amended and the provisions of the 2022 electoral act of Nigeria. For a reason best known to the National organ of the Party, another primary was conducted that produced senator Joseph ebony as the PDP governorship candidate for the 2023 gubernatorial election.

The hint from the judgement was that the second primary that produced senator Joseph ebony was not supervised by the INEC and that 90percent of the 3adhoc delegates did not participate in the said primary. The Supreme Court in its wisdom nullified the said primary and Mr. Odili Ifeanyi was declared as the PDP governorship candidate in Ebonyi state for the 2023 gubernatorial election.

Now let us address the wide difference between the appeal filed by Dotun Babayemi against our Governor-elect senator Nurudeen Jackson Ademola Adeleke at the Supreme Court of Nigeria after two Federal High Court and two appellate court had dismissed his case against the PDP, and our governor-elect about today Supreme Court judgement in Ebonyi state.

I want to state that the Dotun Babayemi case is dead on arrival and cannot be compared with what happened in Ebonyi state in the case analyzed above for the following reasons.

Dotun Babayemi did not participate in the primary in line with the PDP constitution, 1999 constitution, and the 2022 electoral act which mandates that only the aspirant that participated physically in a primary conducted by the National organ of the Party, supervised by the INEC has locus standi to challenge the outcome of the primary. Dotun Babayemi himself swore to an affidavit that he did his primary at WOCDIF, not at the accredited place where the National organ of the Party and INEC were. See sec 84(14) of the electoral act 2022

On the issue of authentic delegates or executives, it has been decided by the Court severally that the power to make both the executive and candidate of the Party rest only on the National organ of the Party, not on the state organ of the Party and no court has jurisdiction to dabble into the internal affairs of any political party, it is trite.

(3) on the premises of the judgement which is already appalled against which Dotun Babayemi is arguing his case.

The legality of the law is that whoever is not a party in a case cannot be a beneficiary or be affected by the same. Dotun Babayemi was not a party to the judgement already appalled against on which Dotun Babayemi is arguing his case. Hon soji Adagunodo was the person that took the party to court in that judgement, not Dotun Babayemi the question is that can Dotun Babayemi benefit from a judgement he was not part of l leave the answer to the almighty Supreme Court though the same judgment had been crushed by the Akure appeal court

Supreme Court is a court of justice that will look critically at all the existing relevant laws most especially section 84(14 of the new electoral act 2022 before deciding on all issues before it. Imole has come to stay in Osun State no cause for alarm God does not speak twice.

Chief M.K Omolade Esq., Baamofin of Sekona town writes from Ede Osun State Nigeria

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