Court strikes out suit against Na’Allah as Kebbi South APC senatorial candidate
Federal High Court in Birnin Kebbi on Wednesday stuck out suit opposing the nomination of Sen. Bala Na’Allah as the All Progressives Congress (APC) candidate for Kebbi South Senatorial District.
Sule-iko Sami challenged Na’Allah’s nomination when the APC primaries was conducted in October 2018.
Justice Sunday Onu withdrew the case in Birnin Kebbi based on the fact that the suit was not filed within the 14 days duration as stated in the Constitution.
He said that in spite of the irregularities, intimidation, police harassment at the primary election that held on October 3, 2018 and October 4, 2018, the plaintiff failed to file the suit within the required time and it has rendered the case “incompetent”.
Onu again quoted the Constitution of the Federal Republic of Nigeria Section 285(4-14), which states;
“Any pre-election matter shall be filed within 14 days”.
He further said:
“This suit was not filed within the stipulated time and lacks merit and is incompetent.”
Onu faulted the plaintiff’s Counsel for not signing the writ of summons which could not supply valid information to the court.
“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 finds this suit incompetent, having been filed out 14 days period required by the Constitution and is hereby struck out,” he said.
Counsel to the APC, Ebenezer Ogolina said the judgment is “right Justice”.
“The suit instituted by the plaintiff is like a dead horse and no amount of kicking can make it run or walk again”.
The Counsel to Sule-iko, Abubakar Suleiman in his response, said he will review the court’s judgment and consult with his client on the next step.