Femi Makinde, Osogbo
The Assistant Auditor of the All Progressives Party in Osun State, Tajudeen Adekunbi, and the Chairman of the All Progressives Grand Alliance, Olatunji Popoola have asked the Federal High Court sitting in Osogbo to disqualify the APC candidate in Osun West Senatorial District by-election, Senator Mudasiru Hussain.
Another member of the APC in the state, Mr. Basiru Adigun, and the two politicians filed a suit before the court asking for Hussain’s disqualification ahead of July 8 by-election on the grounds that he ( APC candidate) did not resign his appointment as a commissioner 30 days before the date of the poll.
Apart from the APC candidate, the plaintiffs joined the Independent National Electoral Commission; Osun State Government; Chairman of the APC screening committee for the by-election, Sanusi Rikiji and chairman of the appeal committee of the APC, Abdullahi Bello as defendants in the suit.
The plaintiffs claimed that Hussain did not resign 30 days before the date of the election as prescribed by the constitution, saying he should be disqualified based on the violation of the constitution.
In the originating summon and a sworn affidavit deposed to by the first plaintiff, Popoola, the plaintiff asked the court to determine whether the qualification for senatorial election is not governed by Section 65 and 66 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
The plaintiffs asked to “Whether the disqualification of the 1st defendant (Hussain) by the 3rd defendant (Rikiji) and 4th defendant (Bello) is not in compliance with the term and tenure of Section 66(1)(f) of the Constitution of the Federal Republic of Nigeria, 1999 and APC 2014 guidelines for nomination of candidates for public office.
“Whether the 5th defendant (INEC) can validly accept the 1st defendant as the candidate of the 2nd defendant (APC) for the purpose of 8th July 2017 Osun West Senatorial by-election, the 1st defendant having not resigned his appointment from the public service of the 6th defendant (Osun State government) as Commissioner in charge of cabinet matters less than 30 days before the said by-election.”
Source: The Punch