By Kayode Adeoti
An Ilorin High Court, on Tuesday, dismissed the suit filed by Abubakar Abdullahi Othman challenging the primary election of the Kwara State chapter of the All Progressives Congress (APC) that produced Muhammed Omar Bio as the candidate for the Baruten/Kaima Federal House of Representatives.
Justice Mahmud Gafar dismissed the suit for been incompetence, maintaining that it was not filed within the statutory 14 days allowed by law.
The claimant through his counsel, Barr. Olasehinde Adeseko also joined APC and the Independent National Electoral Commission (INEC) in the suit filed before Justice Gafar.
Othman who also vied for the seat of House of Representatives under the APC, approached the court with an originating summon demanding that he should be declared winner of the October 5th, 2018 primary election.
Meanwhile, the first defendant had earlier been adjudged by the appeal panel of the party as winner of the said primary.
The court in its initial proceedings over the matter held that in view of the inherent crisis in the party, ordered for pleadings and adjourned the matter for further mention.
When the case came up on 9th April, 2019, the judge held that the matter is statue barred considering the points raised by the defendant’s counsel, Barr. Raphael Ashaolu and that he should be addressed on it.
On Tuesday, the court ceded to the position of Ashaolu in view of Section 289 (9) of the 1999 Constitution and dismissed the suit for been incompetent.
