Aworele, in a suit number FHC/ABJ/CS/881/2016 before a Federal High Court, Abuja, dated November 4, prayed the court to determine whether Oke, who is the governorship candidate of AD, is qualified to contest on the platform of the party in the election.
Other defendants in the suit are the National Chairman of AD, Chief Joseph Avaci; the AD National Secretary, Mr Akin Fashogbon; and the Independent National Electoral Commission.
The suit is attached with a 42-paragraph affidavit in support of the Originating Summons and disposed to by one Babatunde Tijani of No. 7, Kwali Close, Area B, Abuja.
The plaintiff urged the court to determine whether “Oke, being a member of the All Progressives Congress and contested in APC primary of September 3 can surreptitiously become the candidate of AD in Ondo State in the 2016 Governorship Election having regard to the provisions of Article 21.4 of the Constitution of AD”.
The court is also to determine:
“Whether by Article 21.4 of the Constitution of AD, Oke can be said to eligible to contest on the platform of AD.
“Whether having regard to the provisions of Article 21.4 of the Constitution of AD, Oke not being a member of the AD for duration six months can lawfully contest for the 2016 Governorship Election in Ondo State on the platform of AD.
“Whether in view of Article 6(a) of the Constitution of AD, Oke can be said to be a member of the party.’’
Aworele also sought the declaration of the court that: “By the virtue of the provisions of Article 21.4 of the Constitution of AD on issue of eligibility, Oke is not eligible to run for any election on the platform of the party.
“An order of the court setting aside the forwarding of the name of Oke as the party candidate to INEC by the party’s National Secretary, Mr Akin Fashogbon.
“A perpetual injunction restraining Oke from parading himself as the candidate of AD and for INEC not to recognise him as the party’s candidate in the Nov. 26 Governorship Election in Ondo State.’’
Article 21.4 of the AD Constitution states; “No member shall be eligible to contest any election unless that member had been a financial member at least six months before the date of such.
“This clause shall not apply to anyone granted a waiver by the National Executive Committee (NEC) of the party.’’
No date has been fixed to hear the case.
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