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Published On: Tue, Aug 27th, 2019

Kogi guber: Court dismisses suit against indirect primary

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By Vivian Okejeme, Abuja

Justice Taiwo Taiwo of the Federal High Court Abuja, had dismissed the suit seeking to stop the All Progressives Congress (APC )from adopting indirect primary for the November 16, 2019 governorship election in Kogi State.
Four members of the factional executive committee of the party in the state, approached the court praying it to order the party to adopt direct mode of primary for the nomination of its governorship candidate.
In his ruling, Justice Taiwo upheld the preliminary objection raised by the respondent (APC) who argued that the suit was statute-barred.
According to the court, it was needless going into the proprietary of the choice of the party for indirect primary since the court lacked the jurisdiction to hear the case on merit, having been statute-barred
The vacation judge, had on the strength of Section 285(10) of Constitution as amended, held that a pre-election matter ought to have been heard and determined within 189 days, adding that the suit was filed outside the 14 days prescribed by the Fourth Alteration to the Constitution.
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”, Justice Taiwo held.
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, with other faction of the party loyal to the Kogi state Governor, Yahaya Bello, as their rival.
The had through their counsel, Oluwole Aladedoye had prayed the court for an order directing the defendant (APC) to adopt direct mode of primary for the nomination of its governorship candidate in the forthcoming 2019 governorship election in Kogi State.
In their argument, the plaintiffs posited that the indirect primary would exclude them from participating in the nomination of the party’s governorship candidate.
The plaintiffs argued that the APC NWC adopted the indirect primary for the Kogi governorship election in disregard to a pending suit on the disputed leadership of the party in the state.
They further submitted, “The plaintiffs/applicants were re-elected officials, members of the executive committee of the defendant (APC) in Kogi State, but in 2018, the state governor, caused the party to elect another executives for the party.

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