- A suit challenging the nomination of Senator Bala Na'Allah as the All Progressives Congress Kebbi South senator district candidate has been struck out
- The Federal High Court in Birnin Kebbi struck out the suit because the plaintiff failed to file the suit within the required time
- The presiding judge, Justice Sunday Onu, says by virtue of failing to file the suit within the required time, it has rendered the case incompetent
The Federal High Court in Birnin Kebbi on Wednesday, April 16, struck out a suit challenging the nomination of Senator Bala Na’Allah as the All Progressives Congress (APC) Kebbi South senatorial district candidate.
Sule-iko Sami challenged Na’Allah’s nomination during the APC primaries conducted in October 2018
Justice Sunday Onu struck out the case in Birnin Kebbi on the grounds that the suit was not filed within the 14 days duration as required by the constitution, News Agency of Nigeria (NAN) reports.
Legit.ng gathers that Onu held that in spite of the irregularities, intimidation, police harassment at the primary election held on October 3, 2018 and October 4, 2018, the plaintiff failed to file the suit within the required time and it has rendered the case “incompetent”.
He also cited the constitution of the Federal Republic of Nigeria section 285(4-14), which states: ”Any pre-election matter shall be filed within 14 days”.
Justice Onu said: “This suit was not filed within the stipulated time and lacks merit and is incompetent.”
Onu also faulted the plaintiff’s counsel for not signing the writ of summons which could not supply valid information to the court.
He said: “The Nigerian Constitution is supreme over all constitutions, there must be equity; therefore, the preliminary objections of the second and third defendants is hereby upheld.
“This Court finds this suit incompetent, having been filed out 14 days period required by the Constitution and is hereby struck out."
Counsel to the APC, Ebenezer Ogolina described the judgment as the "right Justice”.
The counsel to Sule-iko, Abubakar Suleiman in his reaction, said he would review the court’s judgment and consult with his client on the next step.
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Meanwhile, Legit.ng previously reported that Comrade Simon Ebegbulem, the chief press secretary to the national chairman of the All Progressives Congress (APC), Comrade Adams Oshiomhole, claimed that his boss believes in democracy and rule of law.
The CPS said Oshiomhole introduced one man one vote while he was governor of Edo state.
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