Kogi Guber: Court Upholds APC’s Choice Of Indirect Primary

A Federal High Court in Abuja has upheld the decision of the All Progressives Congress, APC, to adopt indirect primary for nominating its candidate for the Kogi State gubernatorial election.

The Kogi people are expected to elect a governor for the next four years on 16^th November, 2019 governorship election.

Recall that the suit marked FHC/ABJ/CS/883/2019, was instituted by the Chairman and Secretary of a parallel executive committee of the APC in the state, Haddy Ametuo and Tam Adejoh, respectively.  

It was instituted against the APC, and Abdullahi Bello, who is the Chairman of the Governor Yahaya Bello-backed faction of the party in the state.

The Bello-led faction of the APC in the state is recognised by the national bodies of the party.

In a ruling on Monday, Justice Taiwo Taiwo upheld the preliminary objections filed by the APC to challenge the suit.

He said it was needless to go into the proprietary of the party’s choice of indirect primary since the court lacked the jurisdiction to hear the case on merit, having been statute-barred.

He held that the suit was a pre-election matter which ought to have been heard and determined within 180 days as provided by Section 285(10) of the Nigerian Constitution.

Justice Taiwo held, “I do not intend to waste judicial time on this suit FHC/ABJ/CS/883/2019 in view of the ruling on the suit FHC/ABJ/CS/581/2018 read a few minutes ago, dismissing the suit for being caught by statute of limitation as provided under Section 285(10) of the Constitution.

 “it will be pointless to consider the proprietary of this suit” when its foundational suit had been dismissed.

“The court, not being an academic institution, does not engage in academic exercise,” the judge ruled.

 “This suit has been spent and its resolution has become unnecessary in view of my earlier judgment.

“Answering the questions will bear no consequence on the dispute between the parties.

“I therefore have no choice other than to dismiss the suit in its entirety and I accordingly dismiss it.”