By; RAYMOND TEDUNJAYE, Lagos
Efforts by the apex group agitating for a Yoruba Nation, Ilana Omo Oodua, to stop Saturday June 18 governorship election in Ekiti and other subsequent ones across South West states have suffered a major setback after a Federal High Court Sitting in Ado-Ekiti struck out the suit brought before it by the group.
The court ruled that the suit brought before it by Ilana Omo Oodua challenging the making and validity of 1999 Constitution which the Independent National Electoral Commission (INEC) relies on to organize election, lacks Jurisdiction and locus standing.
The judge ruled on the case despite the fact that the respondents in the case, the Attorney General of the Federation (AGF) and the Independent National Electoral Commission (INEC) were yet to file a defense statement nor appear in court since the inception of the case.
Ruling on the case on Tuesday, Justice Banji Ikuewumi declared that INEC and AGF are not based nor situated in Ekiti State, even though they carry on business in Ado Ekiti, therefore, the case ought to be instituted at the Abuja Division of the Federal High Court.
According to a statement signed by the Communications Secretary of Ilana Omo Oodua Worldwide, Maxwell Adeleye, the Judge ruled that the six Plaintiffs are not enough to represent over two million Ekiti voters to institute a suit to challenge the making and the validity of 1999 constitution of Nigeria, nor demand for Ekiti State Governorship Election to be stopped.
In his reaction, the Lead Counsel to Ilana Omo Oodua Worldwide, Tolu Babaleye described the verdict as a miscarriage of justice.
Babaleye said the Judge has turned himself into a Father Christmas who now strikes out a suit based on Locus Standi when the Respondents have not even appeared in court since the inception of the case in April.
The Abuja Based Constitutional lawyer said, “the case came up this morning for ruling on issue of forum and locus standi raised suo motu by the Presiding Judge.
“The court came to the conclusion that the 6 Defendants cannot represent the over 2 Million voters in Ekiti, that the Claimants have not shown how they are affected more than other Ekiti people if the election is allowed to go on and if the Constitution is invalidated as they prayed for.
“The court also held that INEC and Attorney General of the Federation are not resident in Ekiti, and as such, the Court in Ado Ekiti is not the appropriate forum for the suit to be instituted.
“Based on these reasons, the court struck out the Ilana case pending at Federal High Court Ado Ekiti this morning. I am taking immediate step to get the ruling, study it and determine the next line of action after due consultations with my clients.
“But to be specific, we shall appeal against this ruling which, in my opinion, is a miscarriage of justice. The Judge should not have turned himself to a Father Christmas, he should have transferred this matter to Abuja instead of striking it out.”
