Justice Inyang Ekwo of the Federal High Court, Abuja, on Tuesday, ordered the Ondo State Governor, Lucky Aiyedatiwa to present their defence in the suit filed by the Senator representing Ondo South, Jimoh Ibrahim.
The judge gave the directive after counsel for the APC, Tayo Oyetibo (SAN), informed the court that the party had written a letter to the Chief Judge of FHC for the matter to be transferred to the Akure division.
Ibrahim is challenging the outcome of the April 24 primary election that produced Aiyedatiwa as the All Progressives Congress (APC) candidate in the state.
He urged the court to nullify the election.
The lawmaker also asked the court to declare that Aiyedatiwa is not a valid candidate for APC by the Electoral Act, 2022 and the regulations and guidelines of the political party in the conduct of the poll.
He, therefore, sought an order of perpetual injunction, restraining the governor from parading himself as the APC’s governorship candidate for the November 16 election in the state.
APC, Aiyedatiwa and the Independent National Electoral Commission (INEC) were listed as respondents in the suit.
When the matter resumed on Tuesday, Ibrahim’s lawyer, Chief Chris Uche (SAN), told the court that he received a memorandum of conditional appearance from APC’s lawyer.
Uche said he had equally received a memorandum of conditional appearance from INEC but had not received any application from Aiyedatiwa.
He added that the defendants had not filed any defence in the suit.
The judge adjourned the suit till May 29 for mention.