FROM: Dappa Maharajah
A Federal High Court sitting in Akure has struck out a suit filed to nullify the suspension of Mr Isaac Kekemeke as the Ondo State Chairman of the All Progressives Congress (APC).
The presiding judge, Justice F.A. Olubanjo, while giving the verdict yesterday, ruled that the litigation by the plaintiffs ran foul of the party’s constitution, stating that the appointment of Mr Ade Adetimehin as the state Acting Chairman did not run foul of the law.
Meanwhile, APC chieftains, Gboyega Adedipe and Desmond Dejumola, had challenged the suspension Kekemeke by some members of the State Executive Council (SEC) in June 2017 and the subsequent appointment of Adetimehin.
But the judge ruled that Adedipe and Dejumola did not have the locus standi to institute the case, stressing that only Kekemeke had right under law to challenge his suspension in court.
Justice Olubanjo, in her seven ground judgment, maintained that the plaintiff failed to exhaust the resolution mechanism of the party against the report of the investigative panel, as enshrined in the APC constitution.
Consequently, the court ruled that the suspension of Kekemeke remained valid, nullifying the grounds for litigation which had not utilized the constitutional provisions of the party.
But the counsel to the plaintiffs, Mr Olugboyero Akinola, avowed that his clients had filed a stay of execution and appeal against the judgement at the Court of Appeal.
According to Olugboyero, the plaintiffs had no option than to reject the judgment because the judge refused to rule on the substantive suit that would have dealt with the issue at hand.
While the counsel to the defendants, Mr Femi Emodamori said the judgement reflected the true position of the APC Constitution, Electoral Act and the 1999 Constitution as amended.
Emodamori expressed satisfaction with the decision of the court to uphold preliminary objections against the suit.
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Akingboye Joseph Oluwaseun
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Akingboye Joseph Oluwaseun
