The Independent National Electoral Commission (INEC), yesterday urged the court to dismiss suit challenging the validity of the ward congress of All Progressives Congress (APC) in Osun state.
The factional group within Osun APC, The Osun Progressives (TOP), had approached the federal high court sitting in Osogbo, the state capital, asking for nullification of the congress.
In a preliminary objection filed by INEC before the court, Muyideen Adeoye, submitted that the court lacked the jurisdiction to entertain the matter, citing sections 251 of the 1999 constitution as amended and 87(9)of the Electoral Act 2010 as amended.
Counsel to the INEC said, “the court would not be able to do what the law has outrightly forbidden it from doing, hence his Lordship should reject the claims of the applicants.
“Where the court lacks power to pronounce on the principal relief, it can not proceed to the auxiliary relief.”
Counsel to the aggrieved APC members, Mr Adesina Mohammud SAN, also argued in the counter affidavit filed against the preliminary objection that the court has discretion to discountenance the submission of INEC and proceed to the substantive matter.
Justice Emmanuel Ayoola thereby adjourned the matter to the 2nd of February for ruling on the preliminary objections.