The party alleged that the processes leading to the election were against them, saying it was not free and fair as claimed by many.
This was made known by the party's National Publicity Secretary, Alhaji Lai Mohammed in communique read at the end of the inaugural meeting of its National Working Committee (NWC).
"In order to prevent a recurrence of what happened in Ekiti, especially the militarization of the process, the harassment and intimidation of citizens, especially those in opposition, my party has decided to challenge in court some of these constitutional breaches" he said.
The party encourages leaders and supporters, who were arrested, harassed and intimidated to seek the enforcement of their constitutionally-guaranteed fundamental rights that were recklessly abridged by the security agencies.
"Our decision to act is not only to ensure that these irresponsible and unconstitutional acts are not repeated in subsequent elections, especially that in Osun in August and next year's general elections, but also because we have always said that evil thrives when good men do nothing!" he said.
The party while responding to Kayode's statesmanship act said: "We are very proud of Gov. Fayemi for his conduct and comportment before, during and after the election, and we hail him as a true democrat in the true spirit of the APC's belief that election is never a do or die affair, and that Nigerians must always be free to elect those to govern them".
The secretary further explained that the party decided to contest the outcome of the poll because "election is a process, and whatever happens on the voting day is only an integral part of that process. What happens before, during and after the voting day complete the process. If, therefore, we view the just-concluded election in Ekiti as a process, then we can confidently say that while the events of the voting day itself may have led many to believe that the election was free and fair, the same cannot be said of the events before, during and after the election. We therefore believe that we owe it a duty to the continuous improvement of our electoral system and indeed the sustainability of our democracy to X-ray this election within the context that we have outlined above and draw the necessary lessons".
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Speaking also on various developments that had transpired before the poll, Mohammed said: "We believe that the events leading to the D-Day in Ekiti negate the principles of a free, fair and credible election. From the militarization of the election to the police attack on our supporters, arrest and detention of our leaders across the state and the use of huge funds to induce voters, the federal authorities skewed everything in favour of the PDP.
"At a press conference addressed by our Chairman on June 20th, we warned that our democracy was in clear and present danger from anti-democratic forces who are bent on winning elections, at all cost. Today, we restate that warning and call for a reversal of the incidents that made sure a level playing ground was not provided for all the candidates at the just concluded election in Ekiti.
"While voting on Election Day may not have been characterized by the usual brigandage and violence, we submit that the entire process was everything but free and fair. If an integral part of the process was badly tainted as we have clearly and fully demonstrated above, then the entire process cannot but be tainted. Voting in Ekiti may have been free of the usual violence or manipulation at the collation centres, but the entire electoral process in the state was neither free, fair nor credible" Mohammed noted.
Meanwhile, the party's decision disregards the acceptance of defeat by Kayode, as it would be recalled that he had initially congratulated the PDP candidate, Fayose over his victory at the poll.
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