The Court of Appeal sitting in Abuja on the 10th of February, dismissed an appeal filed by Action Alliance against Independent National Electoral Commission, INEC, All Progressives Congress, APC, and Senator Bola Ahmed Tinubu in Appeal No: CA/ABJ/CV/ 1475/ 2022.
The appeal which was filed on the 21st of December, 2022 prayed the Appellate Court to set aside the judgment of the trial court delivered on the 13th of December, 2022 wherein the Court held that the suit of the Plaintiff is statute barred.
In defense of the Appeal, Babatunde Ogala (SAN) & who represented All Progressives Congress filed 2nd Respondent Brief of Argument and a Notice of Preliminary Objection on the grounds that the Appellant Brief of Argument is statute barred, and that the appeal is academic.
On the 3rd of February, 2023 when the appeal came up for hearing, Babatunde Ogala, adopted the Notice of Preliminary Objection and 2nd Respondent Brief of Argument filed and prayed the Court to dismiss/strike out the appeal for lacking in merit.
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Counsel to the Appellant in reaction to the Notice of Preliminary Objection and 2nd Respondent’s Brief of Argument filed an Appellant Reply Brief and adopted same in urging the Court to dismiss the objections filed and allow the appeal.
The Court of Appeal in a unanimous judgment on the 10th of February, 2023 agreed with learned counsels to both the 2nd and 3rd Respondents and subsequently dismissed the appeal for being statute barred having filed more than 22 years from the occurrence of the purported cause of action.
The Court also found that the Appellant lacked locus standi to institute the suit and described it as a meddlesome interloper. On the whole, the Appellate Court affirmed the decision of the trial court delivered on the 13th of December, 2022.
