Federal High Court sitting in Abeokuta has ordered the Independent National Electoral Commission to remove the name of the African Democratic Congress, ADC, candidate for the 2023 governorship election, Mr Biyi Otegbeye from the list.
Delivering the judgement on a suit filed by the Ogun State chapter of the Labour Party against the INEC and African Democratic Congress, ADC, Justice Adetayo Aluko, affirmed that the primary was in violation of the Electoral Act, noting that the candidature of Mr Biyi Otegbeye is against the provisions of the law.
The Labour Party had in an originating summon filed at the Federal High Court, sought for interpretation of whether a political party could validly conduct primaries of substitution primaries without validly inviting the INEC for the purpose of monitoring.
The party also asked for Court interpretation on whether INEC could accept and act upon a list of candidates submitted from such exercise.
While granting the request of the plaintiff, Justice Adetayo Aluko ordered INEC to remove Mr Biyi Otegbeye from its website, citing infractions with the electoral act and the constitution.
The court said it was against the law for INEC not to have monitored the primary that saw the emergence of candidates and listing them.
Counsel to the plaintiff, Mr Monday Mawah described the judgement as well deserved and a thumbs up for the judiciary.