Justice Taiwo Taiwo of the Federal High Court in Abuja on Monday dismissed the suit seeking to stop the All Progressives Congress (APC ) from adopting indirect primary for the November 16, 2019 governorship election in Kogi State.
The judge, while delivering judgment in the suit filed by four members of the factional executive committee of the party in the state, upheld the preliminary objection raised by the APC, which is the only respondent in the suit, to the effect that the suit was statute-barred.
Justice Taiwo said, with the relief sought by the plaintiffs, it was cleared that the case was a pre-election matter, governed by the Fourth Alteration to the 1999 Constitution of the Federal Republic of Nigeria, as amended.
The Judge further added that the suit was filed outside the 14 days prescribed by the Fourth Alteration to the Constitution.
He said, “The suit, being incompetent, could not invoke the jurisdiction of the court.
“It is bound to be dismissed and it is hereby dismissed. The court cannot, therefore, delve into the merit of the case as it has no jurisdiction to do so”, Justice Taiwo held.
The plaintiffs, Destiny Aromeh, Isah Abubakar, Noah Aku and Joy Onu, are said to be of the Haddy Ametuo-led executive committee of the APC in the state.
They have as their rival the other faction of the party loyal to the Kogi State Governor, Yahaya Bello.
The plaintiffs, through their counsel, Oluwole Aladedoye had prayed the court for an order directing the defendant (APC) to adopt a direct mode of primary for the nomination of its governorship candidate in the forthcoming 2019 governorship election in Kogi State.
They claimed that the indirect primary would exclude them from participating in the nomination of the party’s governorship candidate.
The plaintiffs argued that the APC NWC adopted the indirect primary for the Kogi governorship election in disregard to a pending suit on the disputed leadership of the party in the state.
According to the plaintiffs’ counsel, “The plaintiffs/applicants were re-elected officials, members of the executive committee of the defendant (APC) in Kogi State, but in 2018, the state governor, caused the party to elect another executive for the party.
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