Babatope Okeowo 
An Akure High Court has fixed November 7 to decide the candidate of the New Nigeria People’s Party (NNPP) in the November 16 governorship election in Ondo State between Hon. Olugbenga Edema and Michael Akintan.
Edema, a former lawmaker and Chairman of Ondo State Oil Producing Area Development Commission (OSOPADEC) has unanimously emerged as the candidate of the party after the former candidate stepped down for him. He chose Dr. Rotimi Adeyemi as his running mate.
Edema replaced Israel Oluwatosin Ayeni who was the NNPP placeholder. Ayeni was made the official spokesperson of the candidate and the campaign organization after his resignation as a candidate.
However, in an originating summons filed by Engr. Akintan, Mrs. Kemi Fasua, Dr. Gilbert Major Agbo, and Comrade Oginni Olaposi challenged the emergence of Edema as the candidate of NNPP. The suit was dated August 12, 2024.
The plaintiffs are seeking the court’s judgment on whether, in light of sections 77 (2) and 77(3) of the Electoral Act 2022, the third plaintiff is required to submit the register of members to the Independent National Electoral Commission (INEC) no later than 30 days before the party’s primary, held on April 26, 2024.
They also asked whether, based on section 77(3), the defendant, whose name does not appear in the submitted register of the third plaintiff, can validly claim membership in the party as of the primary date.
The claimants are seeking injunctive and declarative reliefs, including a perpetual injunction to restrain Edema from presenting himself as a member or the candidate of the NNPP in Ondo State for the November 16 governorship election.
Akintan, who is claiming to be the NNPP candidate through his lawyer, Mr. Monday O. Mawah, lamented the inability of the candidate to move around to campaign even when November 16 set for the election was less than 16 days.
Mawah cited Section 285 of the Nigerian Constitution, which clarifies provisions for pre-election matters. He argued that the matter is procedural and within the court’s jurisdiction, asserting that state high courts now share concurrent jurisdiction over pre-election matters.
He argued that the determination of a party’s membership status involves presenting a membership card and register, neither of which the defendant could provide.
The Defence Counsel, Mr. Rotimi Olorunfemi, however, argued that the court lacks jurisdiction over the matter, asserting that this is a pre-election issue, which the plaintiffs failed to substantiate with appropriate authority. He also argued that necessary parties were not properly before the court.
In response to the objections, Mawah filed additional affidavits and requested that the court consider all applications collectively.
The Presiding Judge, Justice Oluyemi Akintan Osadabay, having heard the arguments of both parties’ counsel, fixed November 7 for the court’s decision on the candidacy of the NNPP.
