#TrackNigeria Federal High Court, Abuja, on Friday, struck out the suit filed by Labour Party (LP)’s candidate for the 2019 Nasarawa State governorship poll, Mr Umaru Angibi.
Angibi filed the case challenging his exclusion and the LP logo from the ballot papers for the 2019 Nasarawa governorship poll by the Independent National Electoral Commission (INEC) and his party.
Justice Nkeonye Maha, who said the case was already “statute barred,” said it was dead on arrival.
While INEC is the 1st defendant in the case, the Labour Party is the 2nd defendant.
Counsel to the applicant, Joshua Barau, had told Justice Maha that INEC and LP failed to comply with the Electoral Act during the governorship poll in the state.
“The election was conducted by the 1st respondent without including the plaintiff/applicant’s name and party’s logo.
“This matter was filed since March 7. It is important that this court abridge the time within which the respondents may file their defence so that the matter can be heard and disposed of within the time left,” the lawyer said.
Barau prayed the court to either set aside the election and give an order for a fresh governorship election to be conducted in the state or for the two defendants to pay the sum of N850 million compensation to the applicant.
However, INEC’s Counsel, Ibrahim Mohammed, told Justice Maha that he relied on Section 285, Subsection 9 of the 1999 Constitution (as amended).
“It says the matter being a pre-election matter ought to have been brought before the court within 14 days after the course of the action arose,” he said.
The lawyer argued that the plaintiff got to know about the INEC’s publication of names of governorship candidates in November 2018 and this matter was filed in March, this tear.
‘It is already statute barred. The law set out grounds on which petitions can be brought to court.
“I therefore urge Your Lordship to strike out this case for lack of jurisdiction in order not to waste his time and the time of the court, ” Mohammed said.
On his part, Counsel to LP, Kehinde Edun, said the plaintiff had no evidence before the court.
According to him, the originating summon has no affidavit in support.
He cited a previous case between the House of Representatives and the Shell Petroleum Development Company of 2010 to back his argument.
Edun argued that what stood as the plaintiff’s amendment in his motion could no longer hold since the originating summon was now immaterial.
“The originating summon is not accompanied by affidavit and this is against the rule of this honourable court” he said.
The lawyer, who hinted that a 13-paragraph counter-affidavit was filed in support of his argument. equally urged the judge to strike out the case.
“And should the court want to accommodate the plaintiff’s originating summon, we rely on our party’s guidelines for the election and a written of address as the plaintiff did not comply with our electoral guidelines,” he said.
He said the plaintiff did not qualify to participate in the 2nd defendant’s governorship primaries for the 2019 election in Nasarawa State as he never met the requirements.
Justice Maha, who stepped down the case for 4pm, delivered her judgment at about 6pm.
She noted that the matter was transferred from the Lafia Division of the court to Abuja Division about seven days ago.
The judge said after all the parties’ submissions, she noted that the plaintiff did not filed an affidavit to the originating summon
The judge said she agreed with the counsel to the 1st defendant (INEC) that since the plaintiff had failed to file the case within 14 days stipulated by law, the proceeding cannot be properly instituted after the expiration of the time.
According to the judge, the case is therefore dead on arrival; the originating summon is statute barred, unconstitutional and cannot be decided by this court.
“I have no jurisdiction to entertain the case being a pre-election matter,” she said.
Justice Maha, thereby, struck out the case.
Reacting in an interview with NAN, Angibi said he would rely on his lawyer’s interpretation of the court’s judgment before deciding on the next line of action. (NAN)
