You can’t stop Ekiti, Osun elections, Court tells Prof Akintoye’s Ilana O’,odua group

You can’t stop Ekiti, Osun elections, Court tells Prof Akintoye’s Ilana O’,odua group

By Deji Alabi

Attempts by Yoruba self determination group, Ilana Omo O’odua to stop the scheduled Ekiti, Osun Gubernatorial elections met a setback on Tuesday.

Justice Banji Ikuewumi of Federal High Court sitting in Ado-Ekiti struck out the case instituted by tIlana Omo Oodua led by scholar, Prof Banji Akintoye.

Ilana Omo Oodua had challenged the validity of the 1999 Constitution of Nigeria and as the basis to conduct the gubernatorial elections.

The case was struck out or lack of jurisdiction and locus
standi.

Justice Banji Iluewumi said the group has no locus standing among other reasons for knocking out the case.

The Judge ruling came while the respondents in the case, the Attorney General of the Federation (AGF) and the Independent National Electoral Commission (INEC) are yet to file a defense statement nor appear in court since the inception of the case.

Justice Ikuewumi declared that INEC and AGF are not based nor situated in Ekiti State even though they carry on business in Ado Ekiti, therefore, the case ought to be instituted at the Abuja Division of the Federal High Court.

The Judge also argued that the Plantifs who instituted the suit on behalf of Ilana Omo Oodua Worldwide did not show sufficient prove that the 1999 constitution of Nigeria and that the conduct of Ekiti Governorship Election affects them in anyway more than it affects others eligible voters in Ekiti.

The Judge said the six Prof Akintoye and his group are not enough to represent over 2 Million Ekiti voters to institute a suit to challenge the making and the validity of 1999 constitution of Nigeria, nor demand for Ekiti State Governorship Election to be stopped.

In a statement signed by Mr Maxwell Adeleye on behalf of Ilana Omo Oodua Worldwide, Mr. Maxwell Adeleye, the group said the court erred in its decoration.

In his reaction, the Lead Counsel to Ilana Omo Oodua Worldwide, Tolu Babaleye described the verdict as a miscarriage of justice.

Babaleye said the Judge has turned himself to a Father Christmas who now strikes out a suit based on Locus Standi when the Respondents have not even appeared in court since the inception of the case in April.

The Abuja Based Constitutional Lawyer said “the case came up this morning for ruling on issue of forum and locus standi raised suo motu by the Hon. Presiding Judge.

“The court came to conclusion that the 6 Defendants cannot represent the over 2 Million voters in Ekiti, that the Claimants have not shown how they are affected more than other Ekiti people if the election is allowed to go on and if the Constitution is invalidated as they prayed for.

“The court also held that INEC and Attorney General of the Federation are not resident in Ekiti, and as such, the Court in Ado Ekiti is not the appropriate forum for the suit to be instituted.

“Based on these reasons, the court struck out the Ilana case pending at Federal High Court Ado Ekiti this morning. I am taking immediate step to get the ruling, study it and determine the next line of action after due consultations with my Clients.

“But to be specific, we shall appeal against this ruling which, in my opinion, is a miscarriage of justice. The Judge should not have turned himself to a Father Christmas, he should have transferred this matter to Abuja insted of striking it out. The struggle continues.”