The filling of Notice Of Appeal at the Nigerian Apex Court, Abuja by the Labour party may be the last straw needed to break the camel's back and shattered the hope of former governor Ibikunle Amosun and his followers in their purported 'desperate' move to stop Governor Dapo Abiodun's second term bid.
A Notice of Appeal which was obtained by newsmen revealed that the judgement of an appellate court in Ibadan that ordered Independent National Electoral Commission to enlist the names of Otegbeye and other ADC House of Assembly candidates has now been challenged at the Supreme Court of Nigeria.
In the Notice of Appeal, LP while rejecting the whole decision made by the appellate court in Ibadan, insisted that the acceptance and publication of Otegbeye as the ADC candidate was breach of Electoral Act, 2022.
The motion for Appeal reads in part, "The learned Justices of the Court of Appeal erred in law when their Lordships held that the trial court lacked the jurisdiction to adjudicate on issues bordering on who a political party such as the 2nd respondent sponsors for an election
"The learned Justices failed and/or neglected to consider the provisions of section 285 (14) (c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which allows a political party to challenge the 1st respondent where it failed to comply with the provisions of the Electoral Act or any other applicable law in respect of, among others, the locus of the Appellant.
"The nomination of the 1st respondent as the candidate of the 2nd respondent was in flagrant breach of the Electoral Act, 2022, particularly Sections 84 (1) and Section 84 (5) (c).
"The acceptance and publication of the name 1st respondent as the governorship candidate of the 2nd respondent was in total breach of the Electoral Act, 2022, particularly Section 84 (1).
"The Honourable Justices of the Court of Appeal therefore ought to have found for the appellant and upheld the jurisdiction of the trial court over this suit.”
Labour Party, however, sought an order of the court to set aside the judgment of the Court of Appeal delivered on Monday, January 23, 2023.
The party also prayed the court to grant "an order affirming the judgment of the trial court delivered on the 25th November, 2023; and making such further order or orders as this honourable Court may deem fit to make in the circumstances.”
Meanwhile, a political expert, Adeoye Ogunbanjo advised the former governor to rethink his strategy on how to stop Governor Abiodun using ADC Candidate with this huge legal setback.
He said, "The acclaimed primaries conducted by ADC for Otegbeye with the submission of his name to INEC was technically out of time. If Our Democracy must grow, then political players must play the game according to the rules.
"If the former governor has intention of removing Governor Abiodun, he needs to team up with a strong opposition party and ensure all merchinaries are put in place to ensure its victory.
"The argument against ADC is a constitutional matter and the fact remains that the party is shaking. It is better he support another guber candidate else he won't be able to achieve his goal of stopping Governor Abiodun.”
