No worries for Tinubu over judgement against Oyetola —Lawyers say

Senior lawyers have claimed that Asiwaju Bola Tinubu’s candidacy for president of the All Progressives Congress did not become invalid as a result of Justice Emeka Nwite’s ruling of a Federal High Court in Abuja, which invalidated the nominations of Governor Gboyega Oyetola of Osun State and his deputy, Benedict Alabi.

Oyetola’s counsel, Kunle Adegoke, Afam Osigwe, and Reuben Atabo, who are senior lawyers spoke with The PUNCH in separate interview.

The APC, the same political party on whose platform Tinubu will be running for president in 2023, was the platform on which Oyetola and Alabi ran in the July 16 governorship election.

According to the judge, Governor Mai Buni’s submission of their names to the Independent National Electoral Commission in violation of Section 183 of the 1999 Constitution and Section 82(3) of the Electoral Act, 2022, rendered their nomination invalid.

However, Oyetola’s legal representative, Adegoke, told Punch correspondent that the group would challenge the decision.

“We’re going on appeal straight away; no alternative to appeal,” he said, stressing that it does not invalidate Tinubu’s candidacy.

Adegoke added, “The judgment was on Friday, we have not filed it (appeal) but we will file within time. It cannot invalidate the Tinubu candidacy. The national convention has ratified everything the Buni-led executives did.

“The national convention is the highest organ of the party, so at the national convention, we ratified everything Buni did. Asiwaju’s chances are very bright. We are going to appeal; all we know is that the court is wrong.”

Osigwe, a former chairman of the Nigerian Bar Association, Abuja branch, also said they were two different cases.

He said, “I will not want to comment on the judgment of Justice Nwite in respect to the ticket of the Osun State governor because he is on appeal.

In the Supreme Court judgment delivered on Eyitayo Jegede (SAN) and Rotimi Akeredolu (SAN), the Supreme Court had the opportunity to consider the defect of a party ticket/nomination paper of a candidate being signed by Governor Buni and the court referred to the decision of the Court of Appeal which talked about holding dual executive office, and the court opined that if there is even any defect in that, it does not affect the candidate who has emerged from the primaries.”

Atabo, while speaking, said, “You know in Oyetola’s own, it was Buni, the former caretaker chairman of the APC that forwarded his name to INEC. In the case of Tinubu, it was the Senator Adamu-led executive that conducted the primary election and forwarded his name to INEC.

“So, in my own opinion, the two cases are different. While in Oyetola, Buni was the caretaker chairman, the court held that it was inappropriate, that he couldn’t hold two positions at the same time.”