From Ahmed Idris Birnin Kebbi
Federal High Court,sitting in Birnin-Kebbi, presided over by Justice Sunday Onu Bassey, on Wednesday has struck out suit filed by Prince Sule Sani Iko challenging the victory of Senator Bala Ibn Na’Allah at the All Progressive Congres(APC) primary election of Kebbi South senatorial ,for filling outside 14 days duration required by the Constitution.
Justice Bassey, while delivery his judgement which lasted for 40 minutes, noted that despite irregularities, intimidation, police harassment at the primary election held on 3rd and 4th October, 2018, inability of the plaintiff to file their suit render the case incompetency.
The Judge cited Constitution of the Federal Republic of Nigeria section 285(4-14), said “any pre-election matter shall be file within 14 days. This suit not filed within the stipulated time,lack merit and incompetency.
The Judge also faulted the plaintiff and their Counsel for not signed the writ of summon which cannot supply valid information to the honourable Court.
“The Nigeria Constitution is supreme over all constitutions, there must be equity, therefore, the preliminary objections of the second and third defendants is hereby upheld. This Court found this suit incompetency having been filed out 14 days period required by the Constitution and hereby struck out “.
While reacting to the judgment, Counsel to the second defendants, Ebenezer C.Ogolina described the judgement as the right justice stressed that the suit instituted by the plaintiff is a dead horse, and no amount of kicking can make it run or walk again.
However, lead Counsel to Prince Sule Sani Iko,Abubakar Suleiman in his reaction, said they would reviews the court judgment and consulted their client on how to appeal parts of the judgment.