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A Federal 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 locus standi 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.
Emodamori expressed satisfaction with the decision of the court to uphold preliminary objections against the suit.
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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 locus standi 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.
Emodamori expressed satisfaction with the decision of the court to uphold preliminary objections against the suit.
In this article: