Edmund Biriomonibi, counsel to Dotun Babayemi, a contender in the Osun Peoples Democratic Party (PDP) gubernatorial primary election has stated that the judgement of the Federal High Court, Abuja invalidating the gubernatorial primary that produced Babayemi is one that cannot achieve what it seeks to.
Biriomonibi, who described the judgment as an abuse of court process held that the judgement was obtained by fraud.
While arguing that the material facts were not placed before the court, he noted that the said judgement did not set aside the primaries conducted at WOCDIF Centre, Osogbo and neither did it set-aside and/or nullify the candidature of Dotun Babayemi as the candidate of the PDP for Osun State Gubernatorial Election scheduled for July 16, 2022.
Due to the long drawn out chairmanship tussle in the Osun PDP, a parallel gubernatorial primary election was held at the WOCDIF Centre, Osogbo while another certified by the Independent National Electoral Commission (INEC) and the National Secretariat of the party held at the Osogbo City Stadium.
The parallel primary produced Dotun Babayemi while the primary held at the Osogbo City Stadium produced Ademola Adeleke as the party flag-bearer.
INEC has also recognised Ademola Adeleke as the candidate of the PDP in the July 16, gubernatorial election.
Making the clarifications while speaking with journalists in Osogbo, Biriomonibi held that the Judge was not aware that there were valid court orders that affected and determined the party primaries in state.
“Does the party have the power to nominate candidates and the NEC of PDP have the right to approve guidelines for the conduct of primaries?
“The answer is an absolute yes where such primaries were conducted within the laid down electoral law and subsisting valid court orders/judgment which are binding on parties.
“The questions for determination here are elementary and pedestrian.
“The reliefs sought are more embarrassing as same are futile academic exercises without achieving their desired goals.
“The suit was filed on the 14th of March, 2022 shortly after the High Court on the 10th of March, 2022 nullified the primaries conducted at stadium and affirmed the primaries conducted at WOCDIF.
“This judgement did not address nor set aside our primaries.”
Contending that the judgement did not affect the case currently being pursued at the Federal High Court sitting in Osogbo, he added that the judiciary would determine the rightful gubernatorial candidate of the PDP after reviewing the complete facts of the cases at hand.
Biriomonibi alleged that the party deliberately failed to disclose material facts before the court which includes the subsisting court orders and judgment which validated the party primaries at WOCDIF that produced Dotun Babayemi as the Candidate of the party for the Osun State gubernatorial election scheduled to hold on July 16, 2022.