The Federal High Court in Ekiti has dismissed a suit seeking to disqualify Toyin Okoro, the All Progressives Congress (APC) candidate for Ekiti South Federal Constituency 1, over his alleged failure to resign from public service before the party primary.
Justice Babs Kuewumi dismissed the case on Thursday, ruling that the applicant, Bayo Babalotin, had no legal right to challenge the outcome of a primary election in which he did not participate.
The suit, FHC/AD/CS/19/2026, also named the APC national body and the party’s Ekiti State chapter as defendants. Babalotin had asked the court to disqualify Okoro over his alleged failure to leave his public service appointment before emerging as the party’s candidate.
However, the court did not determine the allegation against Okoro on its merits. It dismissed the case because Babalotin failed to establish his legal right to bring the action.
Judge questions applicant’s legal right
In his judgment, Justice Kuewumi said Babalotin had not shown how Okoro’s candidacy would adversely affect his interests.
The judge also held that Babalotin lacked locus standi, a legal term referring to the right to bring a case before a court.
Dismissing the suit, Kuewumi said:
“The claimant (applicant) lacked the locus standi to institute the case. The issue of locus standi is pivotal. The claimant cannot challenge an APC primary election in which he was not a participant.”
The ruling agreed with the position taken by Okoro and the APC during the proceedings. The defence had maintained that Babalotin could not challenge the conduct of the party primary because he was not an aspirant in the election.
READ RELATED NEWS
APC is already confused — Isaac Fayose mocks Wike’s campaign appointment
Ekiti opposition begins grassroots campaign for Makinde
Oluyede leads cross-party push for Tinubu in Ekiti
Earlier in the judgment, the judge struck out the name of the APC Ekiti State chapter as the third defendant.
He held that a political party was a single entity and that the state chapter and national body could not both be sued in the matter.
The court’s decision rested on Babalotin’s legal right to institute the case, not on a finding about whether Okoro had properly resigned from public service before the primary.
APC candidate’s lawyer welcomes ruling
Dr Femi Ogunade, counsel to Okoro, welcomed the judgment, saying only an aspirant who participated in a party primary could challenge its conduct or validity in court.
“The court dismissed the suit on the ground that it is only an aspirant who can contest the conduct and the validity of a primary election, not an interloper or a busybody like the plaintiff in this matter,” he said.
Ogunade said the dispute concerned who had the legal right to institute an action over a party primary.
He also referred to Section 285 of the Constitution and the Electoral Act, arguing that a party member who did not contest the primary could not challenge its conduct in court.
“The judgment is in tandem with the provisions of Section 285 of the Constitution, and even the provision of the Electoral Act – only the aspirant of a political party who participated in the election, not a sympathiser, nor a busybody nor card-carrying members of party that can even come to court to challenge the conduct of the election,” Ogunade said.
The lawyer said the ruling had cleared the way for Okoro to contest in the 2024 National Assembly election. He maintained that the case had no proper legal foundation because Babalotin lacked the right to institute it.
Ayodeji Aluko, a supporter of Okoro who is also a lawyer, also welcomed the judgment.
Aluko said he supported Okoro and was pleased with the outcome of the case, describing the candidate as a man of the people.
He also claimed that residents of the federal constituency wanted change and that Okoro represented that desire.
“Okoro represents the change, so it becomes difficult for any individual to stand in the way of society. That is what the case is telling the entire world. Okoro is acceptable; he is accepted,” Aluko said.
He said the court had resolved the case on the ground that Babalotin was not a contestant in the APC primary and lacked the constitutional right to challenge the candidate’s emergence.
The judgment dismissed Babalotin’s suit without deciding the underlying allegation about Okoro’s resignation from public service.
For More News Details, Visit www.NewDailyPrime.news.
