Deputy Senate President Ovie Omo-Agege on Friday insisted it is impossible for the Peoples Democratic Party (PDP) or any other party to sue to disqualify the presidential candidate of the All Progressives Congress (APC) in 2023.
Omo-Agege’s assertion is coming against the backdrop of a row over whether Yobe Governor Mai Mala Buni is competent in law to nominate candidates for elections as chairman of the Caretaker/Extra-Ordinary Convention Committee (CCECPC) of the APC.
The Deputy Senate, in his second statement in the issue, urged those canvassing the ward congresses of the APC be postponed in view of the ruling of the Supreme Court on a suit between Eyitayo Jegede v. Rotimi Akeredolu to “eschew mischievous behaviours and deliberate attempts at misinterpreting and misrepresenting the law to satisfy an egocentric agenda.”
The statement titled: “Why there is nothing stopping the APC Ward Congresses scheduled for Saturday, 31st July, 2021” reads:
“A few while ago, I issued a statement expressing my legal opinion on the purport of the decision of the Supreme Court in-respect of Eyitayo Jegede’s appeal against the election of Governor Rotimi Akeredolu and the misinterpretation of the said judgment from certain quarters, vis-a-vis the purport of section 183 of the 1999 Constitution (as amended), as it affects the A.P.C Congresses scheduled for Saturday.
“I have however, taken time to critically digest and juxtapose the divergent views on the issue and came to realise that the mischief-makers propagating confusion aimed at misleading our party into a state of disarray, did not study the petition filed by Jegede at the lower Court.
“It is worthy to note, that a decision of court is only an authority for what it decides and nothing more. This was clearly stated by the Supreme Court in the case of SKYE BANK & ANOR V. AKINPELU (2010) LPELR-3073 (SC), Pp. 48-49, paras. E-B, as follows:
“It must be borne in mind always, that each case must be considered on its own particular or peculiar facts or circumstances. No one case is identical with the other or another. They may be similar, but never identical”.
“Of particular importance is the fact that the Petition in Ondo State did not challenge the legality or competence of the APC Caretaker/Extra-Ordinary Convention Committee, but rather challenged the letter dated 27th July, 2020 forwarding the name of Governor Rotimi Akeredolu and his running mate to INEC as the candidates of the APC, on the ground that Mai Buni ought not to have signed the letter, him being the Executive Governor of Yobe State. At the risk of prolix, but for the purpose of emphasis, I shall reproduce some of the portions of the petition as may be relevant to the issue at hand.