COURT DECLARES GBENGA SHITTU AS NEW PDP CANDIDATE ®™√ INN Nigeria ©
The Federal High Court, Lagos has held that Abdul Kareem Shittu is the candidate of the Peoples Democratic Party (PDP) for Ikorodu Federal House of Representatives.
Justice Daniel Osiagor held on Friday that Shittu won the party’s Lagos State House of Representative’s primary conducted on May 24, 2022, by a simple majority.
The judge ordered the PDP to submit Shittu’s name to the Independent National Electoral Commission (INEC) as the validly nominated candidate for the Ikorodu Federal Constituency.
Justice Osiagor made the order while delivering judgment in Shittu’s suit challenging the PDP’s purported submission of the name of the third defendant in the suit, Awesu AbdulAzeez to INEC as its candidate for the constituency.
The PDP and INEC are the first and second defendants.
Delivering judgment on the third defendant’s preliminary objection on the ground that the matter is statute-barred, Justice Osiagor held that the plaintiff did not violate Section 285 of the Electoral Act, which prescribed a 14-day window for pre-election matters.
He held that what Shittu complained of was not the result of the election but the purported submission of the name of the third defendant to INEC on the 17th of June, which he became aware of on the 18th of June, adding that the plaintiff’s suit takes care of that window limitation.
On the third defendant’s objection that the plaintiff did not seek the resolution of the dispute through the internal mechanism of the party as stipulated in the party’s constitution, Justice Osiagor held that the party’s rule is subservient to the Electoral Act.
He added that the provisions in the party’s rules which provide for an internal mechanism in dispute resolution cannot rob the Federal High Court of jurisdiction that was freely given under the Electoral Act.
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