By Kayode Adeoti
An High Court, sitting in Ilorin, Kwara State, on Tuesday, dismissed the suit of one All Progressives Congress (APC)’s stalwart, Oyekunle Power Stephen Gbenga challenging the veracity of the Federal House Representative elect, Tijani Ismaila, to contest the last general polls.
The judge, Justice Yusuf struck out the case on the basis that originating summons filed by the claimant was filed outside the 14 days as prescribed by law.
Also joined in the suit were the APC and the Independent National Electoral Commission (INEC).
The claimant had approached the court through originating summons seeking several orders and determination over the matter.
Among the prayers sought by Oyekunle through his counsel, Barr. Biodun Dada, was a declaration that the claimant is the duly elected flag bearer of the first defendant for February 2019 into the House of Representatives to represent Ifelodun/Offa/Oyun Federal constituency of Kwara State, having polled the majority votes during primary election and was to be declared winner.
An order directing the first defendant to forthwith accord the claimant his due recognition as its flagbearer and nullify the nomination of the 3rd defendant.
Also prayed for is that the 2nd defendant is not qualified and competent to accord any recognition to the 3rd defendant or any person other than the claimant who is the 1st defendant’s candidate for the House of Representatives.
The Court after thoroughly examining the arguments canvassed by the two parties struck out the suit for lacking in merit.
The 3rd defendant counsel, Barr. Yusuf Olarewaju Aluko, speaking after the court session expressed delight over the judgement, saying it confirmed that democracy is working in Nigeria.
“We’re grateful for the judgment, it shows democracy is working, the claimant challenged the submission of the name of 3rd defendant at the INEC, and we filed a preliminary objection to it that the case is statu bar. But the court struck out their case on the basis that their processes were filed after the 14days prescribed by law,” he stressed.