Judiciary
A Federal High Court sitting in Abuja on Thursday, dismissed a suit filed by Sen. Babafemi Ojudu, seeking the dissolution of the All Progressives Congress, (APC) leadership in Ekiti.
Ojudu, a Special Adviser on Political Matters in the Presidency, filed the suit on April 21 challenging the election of the APC leadership in the state.
In his ruling, Justice Inyang Ekwo dismissed the suit on the grounds that it violated Section 285 of the 1999 Constitution as it was statute barred.
Justice Ekwo held that Ojudu and his faction in the APC leadership tussle failed to institute their case within 14 days as stipulated by law.
The judge agreed with the APC that the suit was statute barred having been filed on April 21, a period of almost two years when the cause of action arose.
Ekwo agreed that Section 285 of the 1999 Constitution was violated by the plaintiffs, having approached the court outside the 14 days allowed by law to ventilate their grievances.
According to the judge, the words of Section 285 of the 1999 Constitution are so clear and not ambiguous as it makes it mandatory for all pre-election matters to be instituted within 14 days.
“The duty of the court is to interpret the words contained in the statute and not to go outside the clear words in searching for an interpretation which is convenient to the court or to the parties.
“In the instant case, this matter is constitutionally spent when final decision could not be decided. The hands of this court are tied by section 285 of the Constitution.”
He subsequently dismissed the matter and made no order to cost.
“After finding that the suit is statute barred, I make an order dismissing this case, this is the order of this court,” Justice Ekwo held.
The presidential aide dragged the APC, Independent National Electoral Commission (INEC), Inspector of Police (IGP) Mr Paul Omotosho and other executive members of the party in Ekiti to court praying for an order nullifying the election of the leadership.
He also asked the court for an order compelling INEC to stop recognition of the Omotosho led state executive committee.
Ojudu and members of his faction further prayed the court to stop members of the state executive committee of the APC from parading themselves as elected officers of the party in the state.
The contention of Ojudu and other plaintiffs was that the Omotosho led executive members were illegally, fraudulently and unconstitutionally selected on Sept. 15, 2018 at a stakeholders meeting.
Ojudu further contended that as a former senator and chieftain of APC, he and members of his faction were not invited to the meeting where a list of officers was allegedly read out.
He further claimed that the stakeholders meeting where the incumbent officers were selected was not attended by any INEC official as required by law.
The APC national secretariat, however, filed a preliminary objection and prayed the court to dismiss the suit on the grounds that it was filed outside the 14 days allowed by law.
The party argued that being a pre-election suit, it ought to have been instituted within 14 days starting from Sept. 15, 2018 when the cause of action arose.
They also prayed the Abuja court to decline jurisdiction to hear the matter and to instead transfer it to the court in Ado-Ekiti.
The court, however, declined the request saying that it had jurisdiction to hear the matter.
NAN
– Nov. 5, 2020 @ 16:15 GMT |
Tags: Court dismisses suit by Sen. Ojudu seeking to sack Ekiti APC leadership
