The Federal High Court sitting in Abuja has dismissed a suit filed by Peoples Democratic Party, PDP, against the All Progressives Congress, APC and it’s Presidential Candidate, Senator Bola Ahmed-Tinubu.
Justice Inyang Ekwo who presided over the case dismissed it for being incompetent and lacking in merit.
PDP on July 28, last year had instituted a suit against his rival Party, Presidential Candidates, his Vice, Shettima and the Independent National Electoral Commission, INEC in Suit No: FHC/ABJ/CS/ 1734/2022, prayed to the Court for the following reliefs;
a. A DECLARATION that having regard to the clear, unambiguous and express provisions, spirit and tenor of Section 31 and 35 of the Electoral Act, 2022, the nomination of the 4th Defendant was unlawful having being nominated in two constituencies contrary to the provisions of the Electoral Act 2022.
b. A DECLARATION that the Nomination of the 4th Defendant was unlawful and in breach of the provisions of section 31 and 35 of the Electoral Act 2022 having allowed himself to be nominated in two constituencies contrary to the provisions of the Electoral Act.
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c. A DECLARATION that the 2nd Defendant does not have a valid Candidate in the forthcoming Presidential Elections billed for 25th February, 2023.
d. AN ORDER DIRECTING the 1st Defendant to expunge the names of the 3rd and 4th Defendants from the list of candidates published for the 2023 Presidential Election.
In a counter reaction, Defence Counsel, Babatunde Ogala (SAN), filed its’ Memorandum of Conditional Appearance, a Notice of Preliminary Objection and a Counter-Affidavit with Written Addresses.
The Preliminary objection was premised on the following grounds:
a. That the Plaintiffs lacked the Locus standi to institute and maintain the suit against the 2nd Defendant not being Aspirants in the Primaries election of the 2nd Defendant.
b. The action was barred by the statute of Limitation.
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c. And the suit constituted an abuse of Court Process.
On the 16th December, 2022 when the matter came up for hearing, Gbenga Benson Esq, counsel in the Law Firm of Babatunde Ogala SAN & Co on behalf of the All-Progressives Congress adopted the Notice of Preliminary objection filed and prayed the Court to dismiss/strike out the suit for want of jurisdiction.
He also adopted the Counter-Affidavit and written Address in opposition to the Originating Summons.
Counsel to the Plaintiff in reaction to the Notice of Preliminary Objection filed a Reply on points of law seeking to dismiss the Preliminary objection, adopted same in urging the Court to dismiss the objections filed and proceed to determine the suit on its merit.
Justice Inyang Ekwo delivering his judgment on the 13th of January, 2023 while upholding the Preliminary objection of the 2nd Defendant ruled that the Plaintiff lacked the Locus standi to question the Primaries of the 2nd Defendant not being aspirants who participated in the Primaries election of the 2nd Defendant.
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The court also ruled that the Plaintiff’s case was an abuse of Court Process having filed same before Justice Okorowo of the Federal High Court, on same issues.
Justice Ekwo noted that the issues have been decided by Justice Okorowo therefore the suit of the Plaintiff was barred by the doctrine of estoppel.
“On the whole, the Plaintiffs have failed to reach a threshold worthy of judicial adjudication as the Plaintiff lacks the locus standi to institute the action thereby rendering the suit incompetent
“The suit was accordingly dismissed as incompetent and lacking in merit” the judge ruled.
