Olusakin Babalola Ibadan
The hope of Senator Ayo Adeseun frustrating the emergence of Engineer Oluwaseyi Abiodun Makinde as the governor of Oyo State has been shattered.
Justice Ganiyu Sunmonu of Ibadan High Court on Tuesday struck out case instituted by Senator Ayo Adeseun challenging the emergence of Engineer Seyi Makinde as the candidate of the Peoples Democratic Party (PDP),
Justice Sunmonu struck out the case because it lacked "cogent and credible evidence."
He stated that further that he that asserts must prove, saying the plaintiff failed to prove the allegation beyond merit line.
During the court proceeding which started in January 2019, the claimant's counsel, Michael Lana, presented 14 witnesses, while the defendant's counsel presented eight witnesses.
The presiding judge, Justice Ganiyu Sunmonu ruled in favour of the PDP, and dismissed all the grounds of the case.
The judge said, that Adeseun's counsel could not prove with substantial evidence that the delegates list for the primary was doctored.
The judge deposed "he who asserts must prove. The claimants must provide the names that were removed, to prove that the list was doctored."
Adeseun said that there was no official reaction for now, saying "we will study the judgment to know the next line of action, thank you."
One of the lawyers of the first defendant, Lateef Aedigba, informed that his client would be happy with the outcome of the judgement.
Adedigba said "the claimant filed a case as far back as October last year, challenging the primary election conducted in respect of all elective posts by the PDP.
"That the primary did not follow the constitution, as well the constitution of the party, the 1979 constitution of the federal republic of Nigeria, the electoral acts as well as other relevant law.
"By the virtue of the judgement read today, the judge disagreed with them and agreed with us that the primaries conducted were in order and they were in accordance with the constitution of the first respondent, that is the PDP, as well as the constitution, the electoral act, as well as all the other relevant law.
" That is what the judgement is all about. The primary was in order and perfect. They can go to the court of appeal, even to the apex of the court, that is the Appeal.
Senator Ayo Adeseun had on Monday Januray 28, 2019, filed a case to challenge the emergence of Oyo State governor-elect, Seyi Makinde’s emergence as the gubernatorial candidate of the party during a primary held on Sunday September 1, at Obafemi Awolowo Stadium, Ibadan.
Senator Adeseun had in a suit number I/956/2018 and filed on September 21, 2018, sought the prayer of the court before Justice Ganiyu Sunmonu that the ‘purported list of delegates contained in the report of a three ad hoc ward delegates committee dated 10th September 2018 is undemocratic, unconstitutional, null and void, thus seeking the order of the court to set aside the anything done or purported to be done or any primary election conducted by
the first defendant.
The case instituted by Senator Adeseun challenging the validity of the primary election that produced Engineer Makinde as the gubernatorial candidate of the Peoples Democratic Party, PDP, has been struck out for lacking in merit and thereby declared null and void.
Meanwhile, the Governor-elect, Engineer Seyi Makinde has described the case as 'little distraction', saying the judgment as the voice of majority over the minority, calling on the people of the state to move on.
According to a statement signed by Prince Dotun Oyelade, the governor elect said "it was the hallmark of democracy that the minority's opinion must be heard but must not be allowed to overwhelm that of the majority. That was what the judgement of the court just proved today.
Makinde then praised the court for being objective and dispassionate in its judgement ispite of obvious extra judicial interventions.
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