.Slammed with N2 million for ‘frivolous’ suit
A Federal High Court sitting in Ado Ekiti has dismissed a suit filed by media aide to former Governor Ayo Fayose, Mr. Lere Olayinka, seeking the nullification of the All Progressives Congress (APC) House of Representatives primary for Ekiti Central Federal Constituency 2.
Olayinka, who is the People’s Democratic Party (PDP) candidate for Ekiti Central Federal Constituency seat, was challenging the nomination of the APC candidate, Mr. Biodun Omoleye in the primary conducted by the broom party earlier in May.
The presiding judge, Justice Babs Kuewumi, while delivering judgment in the case with Suit Number: FHC/AD/CS/38/2022, dismissed the suit for lacking merit and awarded a cost of N2 million against Olayinka in favour of the APC and its candidate, Omoleye.
While holding that the case was frivolous, Justice Kuewumi further held that Olayinka had no locus standi to institute the action describing the first plaintiff (Olayinka) as a “meddlesome interloper.”
The judge also held that the suit filed by Olayinka had become statute-barred.
Olayinka was the 1st plaintiff in the suit while his party, the PDP, was the 2nd plaintiff in the suit.
The defendants in the suit are the APC (1st), Independent National Electoral Commission (2nd) and Omoleye (3rd).
Olayinka had filed a case at the Federal High Court, Ado Ekiti, seeking the nullification of the primary election of the APC that produced Omoleye as its candidate for the forthcoming House of Representatives election on the ground of an alleged irregularity.
Reacting to the judgment, an APC chieftain in the Federal Constituency, Mr. Gboyega Ajayi, advised Olayinka to channel his energy into winning the hearts of the people of his constituency, “instead of chasing shadows by trying to manipulate the process through bogus court cases.”
Ajayi in a statement made available to THISDAY on Wednesday described Olayinka’s attempt to get the APC candidate, Omoleye, disqualified as an exercise in futility and a confirmation of the fact that he (Olayinka) is not ready for free and fair contest.
He described his desperate quest to clinch the House of Representatives slot through the back door as distasteful adding that Olayinka instituted the case in the first instance having known he neither had the wherewithal, nor the tenacity to win the February 25, 2023 election.
Ajayi said: “Lere Olayinka’s quest to deny the people of Ekiti Central Federal Constituency II their right to freely elect their preferred candidate for the election has failed,” he said
“Therefore, we want to caution the PDP and Olayinka to go to the field to canvass for votes, they should know that the era of ‘jankara’ judgment had long gone.
“We also also advise the PDP to mend its crumbling home instead of meddling in the internal affairs of the APC. This judgment is a victory for democracy and affirmation of the victory of the APC candidate ahead of time.”