Kogi APC: Court Dismisses Suit against Use of Indirect Primary

Kogi APC: Court Dismisses Suit against Use of Indirect Primary

Alex Enumah in Abuja

The Abuja Division of the Federal High Court has dismissed the suit challenging the planned adoption of indirect system of electing candidate of the All Progressives Congress (APC ) for the November 16, 2019 governorship election in Kogi State.

Justice Taiwo Taiwo, in a judgment delivered yesterday, dismissed the suit on the grounds that it was affected by the 4th alteration to the 1999 Constitution of the Federal Republic of Nigeria.

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 had in an exparte application marked: CS/833/19, asked the court to restrain the party from adopting the indirect voting mode of selecting its candidate for the November 16, governorship election.

The plaintiffs, who also claimed to be delegates in the primary election slated for August 29, predicated their actions on the grounds that the indirect system of voting if allowed, would not provide a fair and level-playing ground for all participants.

They urged the court to determine whether the APC can adopt the indirect primary with regard to the pendency of the suit filed by Haddy Ametuo, Salam Adejoh (suing for themselves and on behalf of other members) of the SEC elected on May 19, 2018.

But in his ruling yesterday, justice Taiwo dismissed the suit for being incompetent and lacking in merit.

According to the judge, the suit became incompetent because it was based on another suit, which was heard and determined well outside the 180 days provide by law for pre-election matters.

Justice Taiwo said that with the reliefs sought by the plaintiffs, it was clear that the matter was a pre-election matter, governed by the Fourth Alteration to the 1999 Constitution of the Federal Republic of Nigeria, as amended.

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”.

The judge had in a short ruling on August 9, 2019, declined to grant the restraining order sought by the plaintiff but rather ordered an accelerated hearing in the main suit.

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