Court strikes out Aregbesola’s faction suit against Osun APC

The Federal High Court sitting in Osogbo on Wednesday struck out a suit seeking to set aside the Ward Congress of the APC in Osun.

The Suit which was instituted by 2517 APC members who also belonged to the Aregbesola-led The Osun Progressives (TOP) had accused the Osun State Governor, Alhaji Isiaka Adegboyega Oyetola and the Chairman of APC Osun State, Mr. Gboyega Famodun and leaders of the party in the state.

The striking out was sequel to a preliminary objection filed by APC and Mai Mala Buni (Chairman Caretaker Extraordinary Convention Committee) sued as the 1st and 2nd Defendants respectively through their Counsel, Dr. M. T. Adekilekun. Dr. Adekilekun in the application had urged the court to strike out the case of the Plaintiffs for want of jurisdiction and failure to disclose reasonable cause of action.

It was his submission that the honourable court lacks the jurisdiction to take cognisance, countenance and determine this suit being a matter within the internal affairs of a political party. He further submitted that paragraphs 13, 22, 23, 24, 28, 34 (C, D, E, G, H, I, K, and L), 53 & 54 contain allegations against persons that were not joined as parties in the suit and ought to be struck out.

In a considered ruling, the Justice Nathaniel Ayo-Emmanuel agreed with the submissions of Counsel that the the suit is purely an internal affair of APC and cited decisions of the Supreme Court to restate the fact that courts have no jurisdiction to meddle into the internal affairs of political parties.

The Court further held that the Plaintiffs merely procured nomination forms and could not be describe as Candidates within the contemplation of section 87(9) of the Electoral Act. Justice Ayo-Emmanuel therefore held that the Court has no jurisdiction to entertain matters that pertains to internal affairs of political party.

On the whole, the Court in striking out the suit, ruled that the suit as constituted was defective for making allegations against persons, especially Governor, Oyetola who were not made parties to the suit, failure to properly institutes the suit in a representative capacity as those represented are imprecise, nebulous indescribable and undeterminable; and purely an hypothetical disputes that is academic or moot.