MATTERS ARISING: Adeleke or Babayemi — which ‘primary winner’ will represent PDP in Osun guber?

Ahead of the July 16 governorship election in Osun state, the Peoples Democratic Party (PDP) held parallel gubernatorial primaries to elect a flagbearer — a development that has worsened the acrimony in the party. The PDP is known for criticising the ruling All Progressives Congress (APC) over its inability to conduct its national convention since 2020 — but the PDP is approaching the Osun election with a divided house, which does not bode well for its quest to reclaim the state.

Ademola Adeleke, a former senator, was declared winner of the primary supervised by representatives of the party, while Dotun Babayemi won the exercise organised by the faction backed by Olagunsoye Oyinlola, former governor of Osun.

WHAT LED TO PARALLEL PRIMARIES?

A squabble erupted in the opposition party after Soji Adagunodo, former Osun PDP chairman who led the party during the 2018 gubernatorial poll, fell out with Adeleke.

Adagunodo was accused of squandering over N100 million campaign funds, among other issues. He was later removed from office when the state executive council passed a vote of no confidence on him.

Subsequently, the national working committee (NWC) of the party appointed Sunday Akanfe, Adagunodo’s deputy at the time, to take charge in an acting capacity.

The party’s national leadership later ordered Akanfe to return to his old position as deputy state chairman, while Sunday Bisi was named the new chairman.

After Adagunodo was reinstated through a court order, he proceeded to operate a parallel party secretariat in the state.

Amid efforts to restore peace, Adagunodo was appointed vice-chairman (south-west) of the party, replacing Taofeek Arapaja, who was elected deputy national chairman, south.

Following Adagunodo’s promotion, Wale Ojo, a party chieftain, laid claim to the position of the chairman, sending the party back to the era of parallel leadership.

WHICH PRIMARY IS PARTY-SANCTIONED?

The national leadership of the PDP recognises the primary election that produced Adeleke.

The election was monitored by officials of the Independent National Electoral Commission (INEC) as stipulated by section 84 of the electoral act.

Section 84 (1) of the act reads: “A political party seeking to nominate candidates for elections under this Act shall hold primaries for aspirants to all elective positions which shall be monitored by the Commission.”

TheCable did not observe the presence of INEC officials at the exercise that ushered in Babayemi as the ‘parallel flagbearer’.

Lawrence Ewhrudjakpo, the returning officer and deputy governor of Bayelsa state, had said the NWC does not recognise the election conducted by the Oyinlola faction.

“It is fake,” Ewhrudjakpo had told TheCable.

WE HAVE BEEN DOWN THIS ROAD BEFORE

This is not the first time the political party would produce two candidates at parallel primaries. A recent example played out in Anambra state.

Valentine Chineto Ozigbo and Andy Ugochukwu Uba were both declared winners of the parallel primaries ahead of the governorship election in the state in 2021.

Ozigbo, a former chief executive officer of Transnational Corporation of Nigeria, won the election backed the NWC of the party, while Uba, a former senator, was elected by another PDP faction in the state.

Both candidates approached high courts seeking to be declared the authentic gubernatorial candidate of the PDP.

Subsequently, an Anambra state high court declared Uba as the authentic candidate of the primary election, while a federal high court in Awka, capital of the state, ordered INEC to recognise Ozigbo as the valid flagbearer.

However, when the matter got to the appellate court, a three-member panel led by Monica Dongban-Mensem, president of the court of appeal, unanimously upheld the appeal filed by Ozigbo.

A month later, the supreme court affirmed the judgement of the appeal court.

The governorship election was held in November 2021, but Chukwuma Soludo, the candidate of the All Progressives Grand Alliance (APGA), won the poll.

WILL PRECEDENT HOLD SWAY?

Inibehe Effiong, a constitutional lawyer, told TheCable that it is only the primary election conducted by the leadership of the party that will hold sway.

“It is a matter that the supreme court has determined,” he said.

“The primary that was not done by the national working committee (NWC) is an exercise in futility. The law as of today is that only the primary that was conducted by the national leadership of the political party is recognisable.

“INEC would not even accept nomination except it is attested and signed by the national chairman of the party. So only the NEC of the party can conduct primary for the purpose of selection of a candidate of a political party.

“But of course, because of impunity, political parties are still doing otherwise. What is going to prevail ultimately is the primary that the national leadership of the party supervised. There is no debate on it, it is clear. That is what the supreme court has said.”

However, despite the fact that the PDP’s NWC has issued a certificate of return to Adeleke, an Osun high court has restrained INEC from recognising him as the PDP candidate for the governorship election.

The mandatory interim injunction followed an ex parte order filed by Edmund Biriomoni on behalf of Adedokun Ademola and 29 others.

With barely three months to the governorship election, the development has further dented the PDP’s hopes of having an uncontested candidate and the party’s efforts at reconciliation.

Given the present state of things, the jury is still out on which candidate will eventually square up against Gboyega Oyetola, the incumbent governor and APC candidate, on July 16.