Politics
Supreme Court Affirms Oyebanji’s Candidacy For Ekiti Guber Election
The Supreme Court has affirmed the June 18 judgment of the Court of Appeal, Abuja, upholding the nomination of Governor Abiodun Oyebanji as the candidate of the All Progressives Congress (APC) in the June 20 governorship election in Ekiti State.
A five-member panel of the apex court held, in a unanimous judgment on Friday, that the appeal filed by an aggrieved governorship aspirant of the APC, Mrs. Abimbola Olawumi, was unmeritorious and proceeded to dismiss it.
In its judgment,the Supreme Court, among others, faulted the competence of the appeal filed by Mrs. Olawumi and concluded that the reliefs she sought could not be granted.
Mrs. Olawumi had, among others, queried the process leading to Oyebanji’s nomination and prayed the court to void the outcome of the APC’s governorship primary on the grounds that she was allegedly prevented from participating as an aspirant.
Justice Mohammed Idris, who prepared and read the lead judgment of the Supreme Court upheld the objections raised against the competence of some applications filed by the appellant on July 16 and 23 to regularise her notice of appeal and the appellant’s brief of arguments.
Justice Idris found that the written address accompanying the application of July 16 was not signed and that its pagination also exceeded the number allowed under Order 4 Rule 1 of the Supreme Court’s Rules.
The judge proceeded to strike out both applications and the accompanying written addresses.
He also found that grounds one, two and three of the appeal are incompetent having not emanate from the decision of the lower court.
Justice Idris held that since the three grounds were incompetent, the issues distilled from them were also incompetent and are liable to be struck out.
In determining the surviving grounds four, five and six and issues three and four distilled from them, Justice Idris held that the lower court was not in error when it held that Mrs. Olawumi’s brief was incompetent despite a pending application to regularise it.
He also upheld the lower court’s decision in refusing to invoke its power under Section 15 of the Court of Appeal Act to hearing Mrs. Olawumi’s originating summons as a court of first instance as sought by the appellant.
The judge said the lower court could not have invoked its powers under Section 15 of its Act to hear the hear the substantive originating summons having affirmed the finding of the Federal High Court that the suit was statute barred.
Justice Idris further held that the Supreme Court could not also invoke its power under Section 22 of the Supreme Court Act to hear the substantive originating summons as sought by the appellant because the 180 days provided in the Constitution for the determination of pre-election cases has lapsed.
The African Democratic Congress, ADC, leadership under former Senate President David Mark has filed an appeal against the judgement delivered by the Federal High Court in Abuja on November 5, 2026, in Suit No. FHC/ABJ/CS/1619/2025, involving Hon. Nafiu Bala Gombe and the ADC.
In a statement on Friday, the embattled opposition party disclosed that it had also filed an application for a stay of execution pending the hearing and determination of the appeal.
“INEC was formally notified of these steps on November 6 and urged to refrain from taking further action on the subject matter while the appeal is pending.
“The application for a stay of execution has not yet been determined. INEC must, therefore, exercise restraint. It must not act as though the appeal and stay application do not exist or take any step that could pre-empt the Court of Appeal and undermine the proper resolution of the matter. The commission must respect the judicial process and allow the appellate court to hear the case.
“The ADC is exercising its lawful right to appeal. The judgement is now being challenged before a higher court, and the legal process must be allowed to run its course. We expect INEC to uphold the law and take full account of the pending proceedings before making any consequential decisions.
“To our members, supporters and Nigerians who believe in democracy: remain calm, steadfast and confident. This is not the end of the road. The ADC is taking every lawful step to defend its rights, and we will not be intimidated or distracted from that responsibility. Our commitment to Nigerians and their right to choose remains firm.
“Our campaigns continue without interruption. There is no stopping the affordability train or our mission to make life better for Nigerians. We will continue taking our message to the people as we pursue every lawful avenue to defend our rights.
“We are confident that the facts and the law will receive a full hearing. The ADC will continue to pursue this matter through the courts and stand for a democratic process in which every party and every voter is treated fairly.”
The Federal High Court had before now, sacked the David Mark-led leadership of the ADC, effectively putting the candidacy of former Vice President Atiku Abubakar in jeopardy ahead of the 2027 presidential election.
Opposition parties have jointly rejected the court judgement, describing it as an attack on democracy.
President Bola Ahmed Tinubu, Atiku Abubakar and 16 other presidential candidates are seeking to contest the 2027 presidential election.
The Federal High Court in Abuja has sacked the Senator David Mark-led executives of the African Democratic Congress (ADC) and invalidated all actions they took on behalf of the party.
The actions included the nomination of a former vice president, Alhaji Atiku Abubakar, as the party’s presidential candidate for the 2027 general elections.
Atiku, whose name was earlier published by the Independent National Electoral Commission (INEC) as a candidate for the presidential poll, has since chosen a former governor of Rivers State, Rotimi Amaechi, as his running mate.
However, in a judgment delivered on Thursday by Justice Peter Lifu, the court declared illegal the Senator Mark-led Caretaker Committee of the ADC, which organised the primary election that produced Atiku as the party’s presidential flag bearer.
The court found merit in a suit brought before it by the aggrieved former National Deputy Chairman (North-East) of the party, Nafiu Bala Gombe.
Gombe had approached the court to query the process through which the Senator Mark-led Committee took over the reins of leadership of the party.
He maintained that, with the resignation of the former National Chairman, Chief Ralph Nwosu, he (Gombe) was qualified to assume the party’s leadership.
Consequently, he, among other things, prayed the court to nullify all actions taken on behalf of the party by the Senator Mark-led leadership.
Listed as defendants in the suit, marked FHC/ABJ/CS/1819/2025, were the ADC, INEC, Senator Mark, Ogbeni Rauf Aregbesola and Chief Ralph Nwosu.
The plaintiff further urged the court to restrain Senator Mark and Aregbesola from parading themselves as National Chairman and Secretary, respectively, of the ADC, insisting that their emergence violated the party’s constitution and the provisions of the Electoral Act.
Already, the ADC has vowed to appeal the judgment.
Reacting to the outcome of the case, the National Welfare Secretary of the ADC, Mr. Nkemakolam Ukandu, who was later joined as an interested party in the matter, said the verdict would be challenged at the appellate court.
The development comes barely 24 hours after the party’s candidate, Atiku, held a massive rally in Sokoto State as part of his campaign for the 2027 presidential election.
Police and other security operatives on Wednesday prevented a possible violent clash in Calabar, Cross River State, between hundreds of supporters of Peter Obi and Rabiu Kwankwaso and a large group of All Progressives Congress (APC) supporters on a campaign walk.
The meeting, organised by the Nigeria Democratic Congress, NDC, was to feature Obi, its presidential candidate, and Kwankwaso, his running mate. It was scheduled to be held at a hotel along Murtala Mohammed Highway, near the U.J. Esuene Stadium.
According to report, the APC supporters, who had mobilised in large numbers for a street rally in the same area, included members of the Association of Local Governments of Nigeria, ALGON, and other party faithful.
Tension rose as both groups met in front of the hotel. Hundreds of Obi and Kwankwaso supporters had gathered there, partially blocking the highway in an apparent attempt to stop the APC supporters from reaching the venue.
Security operatives separated the two groups and diverted the APC crowd. The hotel management later restricted access to its premises as security personnel maintained order around the facility.
A police officer, who declined to be named, said the intervention was necessary to forestall bloodshed.
“What we have done is very necessary; otherwise, it would have been a bloody scene,” he said,.the report also quoted the officer.
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