A Federal High Court in Abuja on Thursday dismissed a suit seeking the dissolution of the leadership of the All Progressives Congress (APC) in Ekiti state.
Justice Inyang Ekwo dismissed the suit filed on April 21, 2020 on the ground that it was statute bar.
Justice Ekwo held that the Sen. Babafemi Ojudu and his faction in the APC leadership tussle in the state failed to institute their case within 14 days as allowed by law.
Ekwo held that it was mandatory that activities arising from a congress that has to do with nomination, are pre election in nature, noting it is not contestable that the congress did not take place in 2018.
The former senator and some members in the state had dragged the APC, the Independent National Elqctional Commission (INEC), Inspector of Police (IGP) and Chief Paul Ayodele Omotosho and executive members of the party to court, praying for an order nullifying the State Executive Committee of party (SEC).
The plaintiffs also asked the court for an order compelling INEC to stop further recognition of the Omotosho led SEC.
Sen. Ojudu and members of his faction further prayed the court to stop members of the state executive committee of the APC from holding themselves as elected officers of the party.
Ojudu, a presidential side and other plaintiffs had alleged that the Omotosho led exco members were illegally, fraudulently and unconstitutionally selected on Sept 15, 2018, at a stakeholders meeting, held in Iyin Ekiti, country home of Niyi Adebayo, a former governor of the state.
Ojudu further contended that as a former senator and chieftain of APC he was not invited as well as factional members to the meeting where list of officers was allegedly read out and ratified.
The plaintiffs, who include Ayo Ajibade, Oyetunde Ojo, Femi Adeleye, Bunmi Ogunleye, Akin Akomolafe, among others, further claimed that the stakeholders meeting where the incumbent officers were selected was not attended by any INEC official as required by law.
However, in a preliminary objection, raised by the APC national secretariat, it pleaded with the court to dismiss the suit on the ground that it was filed outside 14 days allowed by law.
It argued that based on filing the case out of time, the court lacked the jurisdiction and competence to continue with the matter.
The party argued that being a pre election matter, it ought to have been instituted within 14 days starting from Sept 15, 2018, when cause of action arose and therefore prayed the court to decline jurisdiction.
In his ruling Justice Ekwo agreed with the APC that the suit was statute bar, having been filed on April 21, 2020, a a period of almost two years when the cause of action arose.
The judge agreed that Section 285 of the 1999 constitution was violently violated by the plaintiffs, having approached the court outside the 14 days allowed by law to ventilate their grievances.
Justice Ekwo held that the words of Section of 285 of the 1999 constitution are so clear and not ambiguous as it makes mandatory for all pre election matters founded on the occurrence of events, decision or action to be instituted and dispensed within 180 days.
He said been statute bar, robbed the court the competence and jurisdiction to prove into the substantive suit
“The duty of the court is to interpret the words contained in the statute and not to go outside the clear words in searching for an interpretation whiich is convenient to the court or to the parties.
“In the instant case, this matter is constitutionally spent when final decision could not be decided. The hands of this court are tied by section 285 of the constitution,” the judge said.
According to the judge: “After finding that the suit is statute bar, I made an order dismissing this case without cost. This is the order of this court,” Justice Ekwo held.
