The legal battle over the All Progressives Congress (APC) ticket for the Oluyole Federal Constituency has taken a new turn, with the party challenging the competence of the suit instituted by aspirant and Mogaji of Oke Labo, Lato Compound, Hon. Abiodun Gbolagade, before the Federal High Court, Ibadan.
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‎In a Notice of Preliminary Objection filed on July 21, 2026, in Suit No. FHC/IB/CS/81/2026, the APC urged the court to decline jurisdiction over the suit challenging the emergence of Hon. Tolulope Akande-Sadipe as the party’s candidate for the 2027 House of Representatives election for Oluyole Federal Constituency.
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‎According to the party, the action is statute-barred, having allegedly been commenced outside the 14-day period prescribed under Section 285(9) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The APC also contended that the Originating Summons was not duly sealed and deemed issued by the Registrar of the Federal High Court as required under the Federal High Court (Civil Procedure) Rules, 2019.
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‎However, Gbolagade, through his legal team, filed a Written Address in opposition to the preliminary objection on July 23, 2026, asking the court to dismiss the application for lacking merit.
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‎The plaintiff argued that the APC had misconstrued the provisions of Section 285(9) of the Constitution, maintaining that the constitutional timeline begins from the date of the event, decision, or action being challenged, and not necessarily from the date a party primary election was conducted.
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‎According to the plaintiff, his cause of action arose on June 29, 2026, when he allegedly became aware of what he described as the substitution of his candidature with that of the 3rd defendant, Hon. Tolulope Akande-Sadipe, following the APC primary election held on May 16, 2026. His counsel submitted that the action was therefore commenced within the constitutional timeframe and relied on decisions of the Supreme Court in support of the argument.
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‎On the issue of the Originating Summons, Gbolagade’s legal team argued that the alleged failure of the court registry to affix the required seal was a procedural omission attributable to the registry and should not invalidate the suit. Counsel further submitted that Nigerian courts have consistently held that litigants should not be punished for administrative errors committed by court officials after they have complied with all legal requirements.
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‎The plaintiff also described the APC’s preliminary objection as an attempt to defeat the suit on technical grounds instead of responding to the substantive issues raised in the action. He urged the court to dismiss the objection and proceed to hear the merits of the case.
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‎The suit, which also lists the Independent National Electoral Commission (INEC) and Hon. Tolulope Akande-Sadipe as defendants, seeks judicial determination of the process that produced the APC’s candidate for the Oluyole Federal Constituency ahead of the 2027 general election.
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