By Allen Sowore, Esq.
Wilson Kanadi once said that there’s always a right time for everything. Sometimes you have to make it, but sometimes you just need to wait for it.
Earlier today, I delved into the flowery legal arguments presented by the lead counsel in the originating process of Distinguished Senator Jimoh Ibrahim, challenging the outcome of the APC primary election which saw Governor Lucky Orimisan Aiyedatiwa emerge as the party’s flag bearer.
The legal intricacies therein might offer false hope to those without legal acumen or knowledge of the law. If such is the current state of politics—to buoy supporters with hope against hope—that’s one facet to consider.
Equally perplexing is the plaintiff’s plea, a senator and senior party member, urging the court to compel INEC to remove the candidate and party from the list of political parties and governorship candidates for the 2024 Governorship Election in Ondo state.
This situation evokes the biblical tale of King Solomon’s judgment (1 Kings 3:16-28). Two women claimed a living child as their own, and Solomon, with divine wisdom, discerned the true mother by her selfless plea to spare the child.
It’s evident that a misstep occurred by initiating the matter in Abuja instead of Ondo state, where the cause of action originated—a clear case of “forum shopping.” The APC’s lead counsel, Matthew Burkaa SAN, has already penned a letter to the Honorable Chief Judge of the Federal High Court, requesting the transfer of the case from Abuja to Akure, where it rightfully belongs.
Forum shopping is an abuse of court process, constituting a jurisdictional issue that cannot be pardoned or overlooked. In Mailantarki v. Tongo & Ors, the court emphasized the importance of territorial jurisdiction, dismissing a case filed in a distant jurisdiction as an abuse of process.
As a legal practitioner, upon careful examination, I’ve noted fundamental legal flaws, even in the absence of responses from the defendants.
Legal disputes stemming from a Governorship Primary Election are inherently contentious. Hence, it’s crucial to anticipate contestations at every stage, including jurisdiction.
Justice Oliver Wendell Holmes, Jr., a famous advocate of legal positivism in America’s history, once wrote that the “prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.”
Filing a lawsuit doesn’t guarantee victory. Now, as the legal battle unfolds, two scenarios may arise: a complete legal process through the courts, or the possibility of a fresh primary election if ordered, with or without appeals. However, even if conducted multiple times, could the plaintiff or any other aspirant unseat the incumbent governor?
These circumstances compel me to urge the plaintiff to reconsider and exit gracefully while applause still resounds.
The 2016 strategy, once a major distraction, may now be outdated. The plaintiff has a promising future ahead; thus, embracing the truth that the dream of the future surpasses the history of the past is imperative.
It’s time for every discerning mind to work towards party unity for the ultimate goal: victory in the November Governorship Election.
Peoplesmind
