The Guardian (Nigeria)

Court strikes out suit to remove Ondo APC exco

- From Oluwaseun Akingboye, Akure

AFEDERAL High Court in Akure has struck out a suit seeking to nullify the suspension of Ondo State Chairman of the All Progressiv­es Congress (APC), Mr. Isaac Kekemeke. Justice F.A. Olubanjo, while giving the verdict yesterday, ruled that the litigation by the plaintiffs ran foul of the party’s constituti­on.

He said the appointmen­t of Mr. Ade Adetimehin as the state Acting Chairman did not run foul of the law.

Two APC chieftains, Gboyega Adedipe and Desmond Dejumola, had challenged the suspension of Kekemeke by some members of the State Executive Council (SEC). He was suspended in June 2017, while Adetimehin was subsequent­ly appointmen­t as his replacemen­t.

But the judge ruled that Adedipe and Dejumola did not have the locusstand­i to institute the case.

He held that only Kekemeke had the right under the law to challenge his suspension in court.

Justice Olubanjo, in her seven-ground judgment, maintained that the plaintiff failed to exhaust the resolution mechanism of the party against the report of the investigat­ive panel, as enshrined in the APC constituti­on.

Consequent­ly, the court ruled that the suspension of Kekemeke remained valid, nullifying the grounds for litigation, which failed to utilise the constituti­onal provisions of the party.

But the counsel to the plaintiffs, Mr. Olugboyero Akinola, said his clients had filed a stay of execution, and appealed against the judgment at the Court of Appeal.

According to him, the plaintiffs had no option than to reject the judgment.

He stressed that the judge refused to rule on the substantiv­e suit that would have dealt with the issue at hand.

However, counsel to the defendants, Mr. Femi Emodamori said the judgment reflected the true position of the APC Constituti­on, Electoral Act and the 1999 Constituti­on as amended.

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