Court strikes out pre-election suit against federal lawmaker

A Federal  High Court sitting in Jos,Plateau State, has struck out a pre-election matter pending before it against a member of  the  House  of Representatives, representing Jos North/Bassa federal constituency, Honourable Suleiman Yahaya Kwande

Former Minister of State( Information),,Alhaji Ibrahim Dasuki Na Kande, had dragged Kwande before  a Federal High Court in Jos, challenging his election as the candidate of the All Progressives Congress (APC), on the ground that the primary election was marred  with irregularities.

The court presided over by Justice D. Y. Agishi ,on Monday, struck out the matter on the basis of none appearance by the plaintiff.

In her ruling, Justice Agishi, said since the plaintiff had not been putting up appearances and after some adjournments, the matter  was  struck out and awarded a sum  of f N5000

as cost against the plaintiff.

The lead counsel to the defendant,  Mr Tony Agaga ,told newsmen after the ruling that the plaintiff had lost interest in the matter and therefore “we plead for  its   nullification.”

In a related development,  the Federal High Court, had slated July6 for ruling in a case of forgery  against a member of   the Plateau State House of Assembly, Honourable  Baba Hassan, representing Jos North-North.

Abdul Nasir Saleh ,who contested primaries with Hassan in the last general election on the platform of APC, is challenging the lawmaker for submitting forged diploma certificate to the Independent National Electoral Commission (INEC ),in the last election ,and  therefore asked the court to disqualify Hassan and declare him the winner of the election.

At the resumption of  hearing  on Monday, after the last adjournment for pending application, the counsel to the defendant, Solomon Umoh, had asked the court to dismiss the case on the ground that the University of Jos, had issued conflicting letters on whether or not the member was a graduate of    the university

Reacting to the Umoh’s argument, the counsel to the plaintiff, Mr   David Ibeawuchi, noted that in any conflicting evidence, court usually invites the parties involved to give oral evidence on the matter and not to dismiss the case, urging the court to invite the registrar to give oral evidence since the two conflicting letters were signed  by him.

In his submission, Justice Musa Kuraya, who is the presiding judge over the matter,  said since the office of the registrar is in Jos,  he should be given time to investigate the points of arguments by both the plaintiff and the defendant from the registrar.

Kuraya further adjourns the case till July6

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