The Federal High Court Birnin Kebbi on Wednesday struck out a suit challenging the nomination of Sen. Bala Na’Allah’s as the APC Kebbi South Senatorial District candidate.
Mr 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.
He held that in spite of the irregularities, intimidation, police harassment at the primary election held on Oct. 3, 2018 and Oct. 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.
“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,” he said.
Counsel to the APC, Ebenezer Ogolina described the judgment as the“ right Justice”.
The suit instituted by the plaintiff is like a dead horse and no amount of kicking can make it run or walk again”.
The Counsel to Sule-iko, Abubakar Suleiman in his reaction, said he will review the court’s judgment and consult with his client on the next step.