November 29, 2022

COURT RULES IN FAVOUR OF DAPO ABIODUN, OGUN APC, DISMISSES CASE, AWARDS 2M FINE AGAINST LITIGANTS

A Federal High Court sitting in Abeokuta, the Ogun State Capital, has dismissed three different cases filed against the All Progressives Congress (APC) and its governorship candidate, Dapo Abiodun challenging the victory of the state governor at the party primaries conducted on May 26, 2022.

In the three cases decided, Justice Joyce Abdulmalik dismissed the cases for various reasons ranging from lack of standing to sue, to lack of jurisdiction, incompetence, frivolity, academic exercise and being statue barred.

The Judge also awarded a “joint cost” of N2m against the litigants and in favour of APC and its candidate in each of the three cases.

In the suit instituted by Sherifat Eweje against APC and Abiodun, the judge held that a person who did not participate in a primary for an office cannot invoke the limited jurisdiction of the court to challenge the outcome of that primary.

The judge remarked that Eweje bought a form for a legislative seat and did not buy a form for the governorship. The judge added that Eweje even withdrew her candidacy on May 10, 2022, long before she filed the suit and long before May 26, 2022, when the governorship primary held.

In that circumstance, the court concluded and declared that the plaintiff (Eweje) had no locus standi to bring the action. The court also held that the plaintiff’s suit is statute barred because it was filed more than 14 days after the cause of action arose.

Consequently, the court declared the suit incompetent and struck it out, describing all other issues raised in the case as academic issues, since the court has no jurisdiction.

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