A Federal High Court sitting in Birnin Kebbi has struck out a suit filed by Prince Sule Sani Iko challenging the victory of Bala Ibn Na’Allah in the primary election that produced him as candidate of the APC for the House of Representatives.
Delivering the judgement that lasted for 40 minutes, Justice Sunday Onu Bassey said the suit was struck out because it was filed outside the 14 days duration required by the constitution.
The judge observed that despite the irregularities, intimidation and police harassment during the primary election held on October 3 and 4, 2018, the inability of the plaintiff to file the suit within the stipulated 14 days rendered the case incompetent.
While citing the Constitution of the Federal Republic of Nigeria, Section 285(4-14), which says any pre-election matter shall be filed within 14 days, he said because the suit was not filed within the stipulated time, it lacked merit and was therefore incompetent.
The judge also faulted the plaintiff and his counsel for not signing the writ of summon which made it difficult to supply valid information to the court.
He said, “The Nigerian 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 incompetent having been filed out of the 14 days period required by the constitution, and I hereby strike it out.”
Reacting to the judgement, counsel to the second defendant, Ebenezer C. Ogolina, described the judgement as justified.
He said the suit instituted by the plaintiff was a dead horse and that no amount of kicking could make it run or walk again.
However, the lead counsel to Prince Sule Sani Iko, Abubakar Suleiman, said they would review the judgement and consult with their client on how to appeal parts of the judgement.
