A Federal High Court in Abuja has issued an order for Ondo State Governor, Lucky Aiyedatiwa, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC) to file their defense in response to a suit seeking to invalidate Aiyedatiwa’s candidacy in the upcoming gubernatorial election scheduled for November.
Senator Jimoh Ibrahim, representing Ondo South, initiated the legal action, contesting Aiyedatiwa’s victory in the APC governorship primary election held on April 20 in Ondo State. Ibrahim argues that Aiyedatiwa’s candidacy is invalid due to alleged non-compliance with the provisions of the Electoral Act of 2022.
Chris Uche (SAN), representing the plaintiff, stated before the court that while he received a memorandum of conditional appearance from lawyers representing APC and INEC, no response had been received from Aiyedatiwa’s legal team, and the defendants had yet to file their defense.
APC’s lead counsel, Tayo Oyetibo, informed the court of a letter sent to the Chief Judge of the Federal High Court requesting the transfer of the case from Abuja to Ondo State. Oyetibo emphasized the importance of conducting the proceedings in Ondo State, where the primary election took place.
However, Justice Inyang Ekwo, the presiding judge, asserted that no such letter had been presented to the court, emphasizing that the defendants must adhere to legal timelines and file their respective defenses promptly.
Bode Olanipekun (SAN), representing Aiyedatiwa, confirmed receipt of the summons on May 9 and assured the court that they were within the allowed timeframe to respond. INEC’s lawyer, Charles Edosanwan, also acknowledged being within the filing period and noted awareness of APC’s request for venue transfer.
APC, in a letter dated May 12 and received on May 13 by the Chief Judge’s office, argued for the case to be heard in Akure, the Ondo State capital, citing its functional presence and Aiyedatiwa’s residency there.
Justice Ekwo adjourned the case until May 29 for further proceedings after hearing submissions from all parties involved.
