Court dismisses Bokkos APC suit filed
A Plateau State High Court on Friday dismisses the suit filed the Bokkos Local Government All Progressive Congress (APC). Justice Geoffrey Kamyal, in his judgment, dismissed the suit for lacking in jurisdiction. The suit filed by Mr Mallo Best, an APC aspirant against his opponent, Mr Joseph Guluwa over a controversial party primaries held on June 23 in Bokkos.
The judge held that Best, did not file the case within the 14 days as required by section 285(9) of the 1999 Constitution (as amended) being a pre-election matter, and rendered it "statute barre". Having filed the suit 14 days after the stipulated time frame as contained in section 285(9) of the 1999 Constitution as amended, it's status bar, and therefore deprived the court the jurisdiction to entertain it.
Kamyal declared that by the law, which the supreme Court also ruled upon, the implementation is that it deprives the Court the jurisdiction on the suit and fore closed the litigan's right to institute a cause of action. Where a suit is status bar, the Court lacks the jurisdiction to entertain it. Therefore this court found this case status bar and is hereby dismissed.
The Judge had explained that by the submissions of the Plaintiff, he got win of the Guluwa's APC candidature status for the Oct 9 Plateau Council Polls on July 19, when he (Best) wrote to PLASIEC to confirm in a letter submitted as Exhibit H. He explained that that date (July 19) was the date of consent but that the filing of the suit on Aug 19, which is above the 14 days requirement for pre-election matters, tendered it status bar.
Supreme reports that Best, had through his Counsel, Mr Munir Abdullahi, filed a case before the court contesting the outcome of the party's primaries held in Bokkos Local Government Area on June 23 by their party, APC. Best, in an originating Summon, told the court that APC allegedly goofed when it announced Mr Joseph Guluwa as its Bokkos LGA's candidate for the Oct. 9 Council polls held in Plateau
Speaking to newsmen shortly after the judgment, Mr Nantok Dashur, Counsel to Guluwa and PLASIEC, (2nd and 3rd defendants respectively), described the judgement as "very sound" and"apt." Dashur said that the judge acted in accordance with the law, considering the fact that the suit was Status Bar for falling short of the law, and couldn't be entertained. Responding, Best, through his Counsel, Abdullahi, said that he would carefully study the judgement and take the necessary action.
