Court to hear Ogunbiyi’s suit on Osun West Senatorial ticket Jan 16
A Federal High Court sitting in Osogbo, the capital of Osun State on Wednesday fixed Jan 16, 2019 for hearing of a suit instituted by Dr. Akin Ogunbiyi in respect of Osun West senatorial ticket of the Peoples Democratic Party in the state.
The suit with number FHC/OS/CSA/52/2018 was slammed against Akogun Lere Oyewumi, Senator Ademola Adeleke, the PDP and the Independent National Electoral Commission on November 16, 2018 as 1st, 2nd, 3rd and 4th respondents respectively.
According to the originating summon, Ogunbiyi’s lead counsel; Barr. Abeni O Muhammed, SAN, told the court that the 3rd respondent; PDP cannot validly conduct primary election for the senatorial district on October 6, 2018 in view of Chief Etete Ita led Osun State Senatorial Primary Election Committee’s report of October 4, 2018 affirming and returning Ogunbiyi as the flag bearer of the party in the senatorial district, pursuant to a Memorandum of Understanding dated July 1, 2018.
The counsel sought for, “order setting aside in its entirety, the purported primary election of the 3rd defendant (PDP) for Osun West Senatorial District held on Saturday 6th October 2018 at GMT, Osogbo, Osun State on grounds of illegality, breach of agreement, and flagrant disregard and violation of the 3rd respondent’s electoral guidelines and by extension, its constitution and wrongful and unlawful exclusion of the claimant (Ogunbiyi).”
His other prayers included: “a perpetual order of injunction restraining the 1st respondent; Akogun Lere Oyewumi from further parading and presenting himself as the 3rd defendant’s flag bearer/ senatorial candidate for the Osun West senatorial district for the February 2019 general election or at any other time.
“An order of injunction restraining the 4th respondent; INEC from recognizing, howsoever, the 1st respondent, Akogun Lere Oyewumi as the 3rd defendant’s candidate for Osun West senatorial District. An order declaring the claimant as the PDP candidate for the senatorial district for the February 2019 general election or any other time. A mandatory order directing the 3rd defendant to submit the claimant to the 4th defendant as the validly nominated and returned candidate for the district.”
Barrister Rotimi Oyagbola who held brief for Barr. Abeni O Muhammed, SAN on Wednesday urged the court presided over by Honourable Justice Peter Lifu to grant expert order to serve Akogun Lere Oyewumi and Senator Ademola Adeleke the originating summon through substituted means as the duo have been evading service.
The Judge ordered that the summon be posted on the last seen address or place of business or house of the duo of Akogun Lere Oyewumi and Senator Ademola Adeleke and fixed January 16 for hearing of the suit.