2023: Court dismisses suit seeking to remove Kola Abiola as PRP presidential candidate

A Federal High Court in Abuja, on Thursday, dismissed a suit filed by an aspirant, Madam Patience Key, challenging the candidacy of Mr. Kola Abiola as the Peoples’ Redemption Party (PRP) presidential candidate.

Defendants in the suit are the PRP, the Independent National Electoral Commission (INEC) and Mr. Abiola.

Justice Ahmed Mohammed held that the suit was statue-barred; hence the court lacks the jurisdiction to entertain it.

Justice Mohammed, who said the suit was a pre-election matter, held that it ought to have been instituted within 14 days from the date of the occurrence of the cause of action, in compliance with Section 285(9) of the 1999 Constitution.

The Judge agreed with the defendants that though the PRP presidential primary election was conducted on June 5, the plaintiff filed the suit on June 28, whereas the case ought to have been instituted not later than June 19.

He added that though Madam Key raised weighty allegations against the conduct of the poll, including her claim that it was marred by irregularities, vote-buying, non-compliance with Section 84 of the Electoral Act, and gross violations of the party’s guidelines for the conduct of primaries, those could not take preeminence over failure to file the case within time prescribed by law.

The Judge consequently dismissed the suit for lack of jurisdiction to hear it, having been statute barred.

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