Court Dismisses Suit Against Gov. Akeredolu’s Victory
A Federal high Court has dismissed suit against Governor Rotimi Akeredolu, revealing that the case is statute barred.
A Federal High Court in Abuja, on Wednesday, dismissed a suit challenging the validity of the primary election that produced Rotimi Akeredolu as the governorship candidate of the All Progressive Congress in the last governorship election.
Presiding judge justice Iyang Ekwo in a judgment held that the suit instituted by Olajumoke Anifowose was statued barred having been filed outside the 14 days allowed by law for a pre-election matter, according to Daily Post.
Mrs Anifowose in the suit filed on her behalf by her counsel Adesina Oke, contended that section 87 of the electoral Act and article 20 of the APC Constitution were violated in the primary election by the state executive committee and local government committee that conducted the election.
The plaintiffs had prayed the court for an order declaring the primary election as invalid and to bar INEC from recognizing governor Akeredolu as the governorship candidate.
She also prayed the court to stop the APC from submitting Mr Akeredolu name as it’s governorship candidate.
The court upheld the preliminary hearing objections by the governor and APC, who claimed the suit was grossly Incompetent.
Justice Ekwo noted that the governor was nominated by APC on July 20th and the plaintiffs filed the suit on July 29th which fell within 14 days required by law, but the suit became incompetent due to withdrawal of the initial originating summons and its substitution on August 20th.
The court also held that the substitution of the second originating summon was done outside 14 days required by law, and therefore became an invalid suit by the provision of section 285 of the 1999 Constitution.
The Justice said: “Let me make it clear that a careful perusal of facts in this matter showed that the first defendant, Akeredolu was nominated on July, 20th, 2020, and the plaintiff came to court on July 29, 2020.”
''A new dimension, however, emerged when the plaintiff on August 20, 2020, substituted the originating summon of the July 29, with another one due to the error discovered in the first one that sued the office of the governor that did not participle in the disputed primary.
''This substitution having not been done within 14 days allowed by section 285 of the 1999 constitution makes this suit statued barred and constitutionally dead.''
Justice Ekwo subsequently dismissed the suit on the ground that it was grossly incompetent to stand in the face of the law.