Dapo Abiodun’s APC, LP Abandon Appeal Against Otegbeye At The Supreme Court
…. All Cases Against ADC Vacated
The ruling All Progressive Congress (APC) and Labour Party in Ogun State have abandoned all their Appeals against Biyi Otegbeye (BOT) and other candidates of the African Democratic Congress (ADC) at the Supreme Court.
In a statement signed by Raheem Ajayi, the Director of Media And Publicity of the Biyi Otegbeye Campaign Council, he said “to the glory of God, all the cases against us have been vacated”.
Recall that APC and LP took ADC to court, alleging that Otegbeye as well as 23 Assembly candidates of the ADC were not validly nominated in line with the 2022 electoral Act.
Justice Akintayo Aluko of the Federal High Court sitting in Abeokuta on November 25, 2022, ruled in favour of the APC directing the INEC to delist Otegbeye and all the 23 OGHA candidates from the list of those to contest the March election.
Dissatisfied, Otegbeye and the ADC candidates headed to the court of appeal. They insisted that the judgement was wrong and demanded that it be upturned
The appellate judge, Justice M.A.A. Adumen JCA in his judgement on January 23 set aside the Judgement of the Federal High Court Abeokuta division which initially ordered the Independent National Electoral Commission INEC to remove the names of the ADC Gubernatorial and House of Assembly Candidates from the List of Candidates for the 2023 general election in Ogun State
The Court, in a unanimous Judgement, held that the lower court has no Jurisdiction to adjudicate on the suit filed by APC before the trial court challenging the primaries conducted by the ADC in the first place.The Court subsequently set aside the decision and all the orders made by the trial court for want of Jurisdiction.
Both APC and LP approached the Supreme and filed 7 notices of Appeal;
( CA/IB/517/22) in;CA/IB/508/2022
CA/IB/509/2022, CA/IB/510/2022
CA/IB/514/2022, CA/IB/517/2022
CA/IB/522/2022 & CA/IB/523/2022
The two political parties, APC and LP, however, have now abandoned their appeal at the Supreme Court because they failed to compile and transmit records from the Appellate to the Supreme Court. The window to transmit such records lapsed on Sunday, the 12th day of February 2023.
The last Appeal in CA/560/22 : BIYI OTEGBEYE & OR V APC & OR where Judgment was delivered on 3rd day of February 2023 equally lapsed on Thursday the 16th day of February 2023 for failure to file any Notice of Appeal.
