A federal high court in Abuja on Wednesday dismissed a legal action challenging the validity of the primary election that produced Rotimi Akeredolu as the governorship candidate of the All Progressive Congress, APC in the last gubernatorial election.
Justice Iyang Ekwo in a judgment held that the suit instituted by one Olajumoke Anifowose was statutorily barred having been filled outside 14 days allowed by law for a pre-election matter.
The suit filed by Adesina Oke on behalf of Anifowose had challenged the indirect primary election that produced Akeredolu as the nominated governorship candidate of APC.
She contended that section 87 of the electoral act and article 20 of the APC constitution and other relevant election guidelines were violated in the primary election by the state executive committee and local government committee that conducted the primary election.
She therefore applied for an order of the court declaring the primary election as invalid and to bar independent national electoral commission, INEC, from recognizing Akeredolu as a governorship candidate.
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She also prayed the court to prohibit APC from submitting Akeredolu’s name as its governorship candidate and Akeredolu from parading himself as a gubernatorial candidate.
But Justice Ekwo upheld the preliminary objection against the suit by Akeredolu and APC who claimed that the court action is grossly incompetent since it was not filed within 14 days required by law and by that, the court lacked jurisdiction to entertain the suit.
The suit however became incompetent due to the withdrawal of the initial originating summon and its substitution on August 20 by the plaintiff.
The court 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.
Justice Ekwo subsequently dismissed the suit on the ground that it was grossly incompetent to stand in the face of the law.
(Editor: Ena Agbanoma)
