FHC Ekiti: Toyin Okoro Eligibility Suit Dismissed on Locus Standi

• The Federal High Court, Ekiti Division, dismissed an eligibility suit against Toyin Okoro, the APC House of Representatives candidate for Ekiti South Federal Constituency 1.
• The plaintiff, Bayo Babalotin, an APC member, sought Okoro's disqualification for allegedly not resigning from public service before the primary election.
• Justice Babs Kuewumi ruled that Babalotin lacked *locus standi* because he was not an aspirant in the primary election and failed to show adverse personal interest.
• The court emphasized that only a participating aspirant can challenge the conduct or validity of a primary election, aligning with Section 285 of the Constitution and the Electoral Act.
• The ruling clarifies that non-aspirants or 'interlopers' do not have the legal standing to challenge primary election outcomes.

The ruling firmly established that only an aspirant who actively participated in the primary election possesses the right to question its conduct or validity, thereby dismissing the case against the Ekiti APC Rep candidate.

The Federal High Court, Ekiti Division, recently dismissed an eligibility suit, FHC/AD/CS/19/2026, brought against Toyin Okoro, the All Progressives Congress (APC) House of Representatives candidate for Ekiti South Federal Constituency 1. The suit, initiated by Bayo Babalotin, an APC member, sought Okoro's disqualification on grounds that he allegedly failed to resign from his public service appointment before emerging as the party's candidate in the primary election.

Babalotin's petition targeted Okoro, the APC national body, and initially, the APC Ekiti State chapter. However, the defense, representing Okoro and the APC, contended that Babalotin lacked the legal standing to institute the lawsuit, emphasizing that he was not an aspirant in the primary election that produced Okoro as the candidate.

During the proceedings, Justice Babs Kuewumi also struck out the APC Ekiti State chapter as the third defendant. The court clarified that a political party functions as a singular entity, making it inappropriate to sue both its state chapter and national body concurrently in the same legal action.

Justice Babs Kuewumi, in delivering the judgment, unequivocally stated that the applicant, Bayo Babalotin, lacked the necessary *locus standi* to challenge Toyin Okoro's candidacy. The court found that Babalotin failed to demonstrate how Okoro's emergence as a candidate would adversely affect his personal interests, a crucial requirement for establishing legal standing.

Justice Kuewumi underscored the pivotal nature of *locus standi*, asserting that a claimant cannot challenge an APC primary election in which they were not a participant. The ruling firmly established that only an aspirant who actively participated in the primary election possesses the right to question its conduct or validity, thereby dismissing the case against the Ekiti APC Rep candidate.

Dr. Femi Ogunade, counsel for Toyin Okoro, lauded the court's decision, affirming that it aligns with established legal principles. He highlighted that the judgment reinforces the position that only an aspirant who participated in a primary election can challenge its outcome, effectively excluding non-participants, whom he described as 'interlopers' or 'busybodies,' from bringing such actions.

Ogunade further explained that the ruling is consistent with the provisions of Section 285 of the Constitution and the Electoral Act, which delineate who can institute an action in court regarding primary election disputes. He emphasized that the legal tussle centered on the fundamental issue of who possesses the right to initiate such a suit, confirming that the path is now clear for Okoro to contest in the upcoming 2027 National Assembly election.

This judgment provides significant clarity on the strict requirements for *locus standi* in challenging political party primary election results in Nigeria. It establishes a clear precedent that only a participating aspirant has the standing to bring such a suit, effectively preventing non-aspirants from interfering in the internal affairs of political parties through litigation.

Ayodeji Aluko, a supporter and lawyer, echoed this sentiment, expressing satisfaction with the ruling. He characterized Babalotin as a 'meddlesome interloper' who lacked the constitutional requirement to bring the case, reinforcing the idea that the court's decision upholds the will of the people who have overwhelmingly supported Okoro. The Toyin Okoro eligibility suit locus standi ruling thus reinforces the legal framework governing primary election challenges, ensuring that only directly affected parties can seek redress.

This ruling clarifies and reinforces the strict requirements for *locus standi* in challenging political party primary election results in Nigeria, establishing that only a participating aspirant has the standing to bring such a suit. Lawyers should advise clients that non-aspirants or 'interlopers' will likely have their eligibility suits dismissed for lack of standing, providing a clear precedent for assessing the viability of future challenges.

Source: Original reporting via Punch