On 12th of January 2023, a Judge of the Federal High Court Akure Division, Hon. Justice Demi Ajayi struck out a matter seeking to challenge the gubernatorial candidature of Chief Bayo Adelabu.
In a case with suit number FHC/IB/CS/163/2022 instituted by Okikiolu Folorunsho Adebolu and 3 others against Independent National Electoral Commission (INEC), Accord and Chief Bayo Adelabu on 17th October, 2022, the Claimants sought to move the court to declare that Chief Bayo Adelabu was not a member of Accord as of the time he was nominated as the Gubernatorial candidate of the party.
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Chief ‘Bayo Adelabu through his lawyers Olamiji Martins and Adedayo Aborisade of Marvic Alpha LP filed a Preliminary Objection and maintained that the matter was statute barred having being filed outside the 14 days purview provided by the Electoral Act 2022. It was also contended that the Plaintiffs lack the locus to sue as they were not Gubernatorial aspirants under Accord but that the 1st Plaintiff was an aspirant for the House of Assembly seat of Ibadan South East Constituency 2. The court noted that since the 1st Plaintiff had withdrew his case against the person he contested the House of Assembly seat with, he lacks the locus to challenge Bayo Adelabu’s gubernatorial candidature.
The court also dismissed the suit on the ground that the suit was filed outside the 14 days requirement for the institution of pre-election matters under the Electoral Act 2022.
Recall that on 3rd August 2022, Chief Bayo Adelabu was affirmed as the gubernatorial candidate of Accord after he left APC.
