Justice Emeka Nwite, in a judgment, nullified Oyetola and his deputy governorship candidate, Benedict Alabi, on grounds that Gov. Mai Mala Buni of Yobe, who submitted their names to the Independent National Electoral Commission (INEC) violated the provisions of Section 183 of the Constitution of the Federal Republic of Nigeria and Section 82(3) of the Electoral Act, 2022.
The News Agency of Nigeria (NAN) reports that the Peoples Democratic Party (PDP) had filed the suit against Governor Buni, Governor Oyetola and others.
The PDP, through its counsel, Kehinde Ogunwumiju, SAN, had, on April 7, commenced the suit, challenging the nomination and sponsorship of Oyetola and his deputy as the duly nominated candidates of the APC for the recently concluded governorship poll, in which Sen. Ademola Adeleke was declared the winner by INEC.
Challenging the competence of the suit, Kunle Adegoke, SAN, who represented Oyetola, had contended, amongst other grounds, that the PDP did not have the locus to commence the action and that the suit was statute-barred.
But Ogunwumiju argued that the plaintiff (PDP) rightly commenced the suit under Section 285(14) (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
Delivering the judgment, Nwite agreed with the submissions of the PDP counsel and declared as null and void, the nomination of Oyetola and Alabi by the APC.
The court also held that Buni acted in contravention of the provision of Section 183 of the Constitution when he held dual executive positions as the Governor of Yobe and the Chairman of the National Caretaker Committee of APC.
The court said that the decisions taken by Governor Buni, including forwarding the names of Oyetola and Alabi to INEC, amounted to a nullity in law.