Justice Adejoke Adepoju of the Federal Capital Territory (FCT) High Court yesterday dismissed the suit instituted by a member of the House of Representatives, Hon. Oladipupo Adebutu, to challenge the nomination of Senator Buruji Kashamu as the governorship candidate of the Peoples Democratic Party (PDP) in Ogun State.
By this judgement, Kashamu and other candidates that emerged from the PDP primaries conducted by the Engr. Adebayo Dayo-led faction of the PDP in Ogun State remains the candidates of the party for the 2019 general elections.
The court held that Adebutu, who was nominated by the National Working Committee (NWC) of the party, cannot maintain his suit because the primary election that produced him was conducted in violation of a subsisting court judgement.
Adepoju, in a judgement yesterday held that the National Working Committee of the PDP acted in bad faith by disregarding a subsisting judgement of a Federal High Court to produce the candidate.
She said that since PDP was a party in the judgement of Justice Ibrahim Buba, the judgement is binding on the party and must be obeyed and respected so as to protect the sanctity of court.
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Although, the court agreed that it was the National Working Committee of the party (PDP) that reserves the power to conduct primary election for nomination of candidates for the 2019 general elections, it held that the NWC must not do so in violation of any court judgement.
According to the court, the PDP erred, having not held a valid primary election with recourse to the Ogun State chapter of the party or outright approval of the party until the judgement against it by Justice Buba has been set aside by a higher court.
Justice Adepoju also held that Adebutu’s case could not be maintained to declare him a governorship candidate because the PDP National Working Committee which conducted the primary election that produced him as a candidate did so in violation of a judgement of a Federal High Court delivered by Justice Ibrahim Buba.
According to the Adepoju, the court arrived at the conclusion because of the need for sanctity and judgements of courts to be protected by parties or individuals. She added that PDP acted in error by disobeying the judgement of Justice Buba with the way it conducted its primary election in Ogun State last year.
The court further explained that although, Adebutu was able to establish that his own primary election was conducted by the appropriate organ of PDP, but he was not entitled to be declared the candidate because of the circumstances that surrounded the conduct of the primary election in breach of a judgement that has not been set aside.
