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The Supreme Court has struck out a suit filed by Alhaji Mustapha Shehuri challenging the nomination of Gov. Babagana Zulum by the All Progressives Congress (APC) as the governorship candidate for the 2019 general elections.
Justice Mary Odili, in a lead judgment, held that the case was statute barred and therefore dismissed the motion on notice brought by Shehuri.
“This appeal is hereby dismissed haven been withdrawn by the counsel to the appellant without any objection and there shall be no order as to cost.
Shehuri, the immediate past Minister of State for Power, Works and Housing was challenging the candidature of the governor-elect, Babagana Zulum, in a pre-election matter and had asked the apex court to upturn the judgment of the Court of Appeal in Jos.
Obuju Onojah, counsel to the appellant prayed the court to set aside the decision of the appeal court and look at the merit of the case and give its judgement.
“The crux of our appeal is the failure of the lower and appeal court to recognise the issues raised in our suit before it and went ahead to dismiss the suit on the ground that it was filed outside the 14 grace as contained in the Electoral Act,’’ Onojah said.
Responding, Yusuf Ali, SAN, counsel to the respondents, objected to the appeal, which he said has no substance having failed at the appeal court for challenging the decision of the APC out of the 14-day-grace.
