A chieftain of the All Progressives Congress, Alhaji Moshood Olalekan Adeoti, had sued Oyetola and the Independent National Electoral Commission (INEC).
Adeoti accused the governor of unlawfully contesting the primaries while holding position as member of the Caretaker Extraordinary and Convention Planning Committee (CECPC).
The plaintiff, through his counsel, Chiesonu Okpoko SAN, contended that Oyetola should have resigned from that committee, 30 days before the primary election on February 19.
The party argued that the plaintiff’s originating process was incompetent because there was no law backing it.
It said that the court lacked jurisdiction to determine the suit as it is a matter of the internal affairs of the party.
Delivering the judgment on Thursday, Justice Inyang Ekwo, stated that the plaintiff failed to support the process with relevant laws.
Justice Ekwo said as such, it showed no cause of action in the suit which makes it a gross abuse of court process.
The presiding judge also agreed with the APC that the court could not assume jurisdiction on the matter on the grounds that there was no cause of action for filing the suit.
Consequently, the judge dismissed the suit in its entirety for being an abuse of court process.