Legal Nigeria

APC primaries: Court dismisses plaintiff’s suit to declare self lawful candidate

A Federal High Court sitting in Lagos, has dismissed the suit filed by one Oluwatosin Onamade, against the All Progressives Congress, APC, Independent National Electoral Commission, INEC and Moshood Aro, seeking it to declare him, plaintiff, as the lawful candidate of the APC for the Ikorodu House of Assembly, Constituency II in the forthcoming 2023 general elections.

The suit was dismissed in a ruling on Thursday by Justice Oweibo on the ground of failure to establish claims.

The court agreeing with the third Defendant’s counsel, Abbas Oyeyemi, upheld the preliminary objection filed by the third respondent’s counsel and held that the plaintiff’s suit was statute barred having been filed outside the time frame stipulated by section 285 (9) of the 1999 Constitution of Federal Republic of Nigeria.

The court also ruled on the substantive Originating Summons filed by the plaintiff and held that the plaintiff failed to establish his claims that the primary election conducted by APC on May 27, 2022 was not conducted in accordance with the provision of the electoral Act 2022.

The court therefore dismissed the paintiff’s claim in it’s entirety.

The court also awarded a cost of N50,000 against the plaintiff in favour of third defendant.