Yakubu Busari
The Federal High Court, sitting in Jos on Saturday has struck out a suit filed by a governorship aspirant on the platform of the All Progressives Congress in Plateau State , Dr Danyaro Sarpiya , challenging the emergence of Dr Nentawe Yilwatda as the party’s candidate for the 2023 election.
The judgment in the case by Danyaro Sarpiya against Dr Nentawe was delivered by Justice Dorcas Agishi
In the judgment, Justice Dorcas Agishi held that although the suit was a pre-election matter, seeking the following relief sought and filed it out of time on the jurisdiction of this honorable court .
She said: “The grouse of the plaintiff /claimant claimed that the APC primary election of 26th May ,2022 was not conducted in compliance with the law or guidelines of the party under section 84 subsection 14 of the electoral act .
“The APC primary election took place on May 26 and the plaintiff was enjoined by law to commerce action within 14 days.” and filed to challenge the outcome on the 7th June 2022 which was supported by 56 affidavits annexed that adopted all processes and he file response on the 19th September 2022.
According to claimant, the election was marred by irregularities where the primary was flown the election act and party constitution, including the guideline, but the first defendant APC file their counter affidavit in response to the claimant’s affidavit by attaching a letter of the petitioner’s withdrawal from the race .
The 1st defendant alluded that the petitioner lack locus standing to challenge the outcome of an election he has already withdrawn completely from participating. Adding that the petitioner withdraw his candidacy before the primary was conducted and , secondly,it is a status bar after the period he presented his originating summon.
The Judge held that the law was trite in that where the cause of action was commenced on time, the litigant will have his right protected.
She explained further that since the primary election took place on May 26, filing the suit on June 7 made the suit status barred.
Justice Dorcas Agishi held that : “From May 26 to June 7 is a period of more than 14 days for filing a pre-election matter.
“The suit is therefore incompetent and the court lacks the jurisdiction to entertain the suit and the suit is hereby struck out.”
The Judge also said that having found that the suit was filed out of time, there was no basis for delving into the substantial matter.
The judge said ,Dr Danyaro Sarpiya didn’t resign as a civil servant before contesting for the APC primary and he , had dragged the APC, and the Independent National Electoral Commission to court on the grounds that the party conducted its governorship primary election in Plateau State in violation of the law.
He asked the court to declare among other reliefs that were not fit to contest the primary election because he presented issues wards Congresses that led to the election of senators, Houses of Assembly ,Federal Houses of Representatives under the APC primary as flowing the APC constitution .
DR Danyaro Sarpiya demanded: “A declaration that the 2nd defendant ( Dr Nentawe Yilwatda ) is not qualified to vote, contest and/or be declared as the winner of the 1st defendant’s (APC) Plateau state gubernatorial primary election, as a member of the party and his name is contained in the list of the party’s membership register submitted to INEC.
“A declaration that pursuant to the provisions of the Electoral Act and the Constitution of the APC, the party has failed or neglected or refused to conduct a primary election for the emergence of its gubernatorial candidate in Plateau for the 2023 governorship elections.
“A declaration that by virtue of the non-compliance of the APC with the provisions of the Electoral Act, 2022 and it’s a constitution in the conduct of the primary election in Plateau for the emergence of its gubernatorial candidate, Nentawe is not a candidate at the said March 11, 2023 gubernatorial election or at any subsequent election rescheduled.
“To declare as null, void and of no effect whatsoever the Plateau APC governorship primaries allegedly conducted on May 26 for non compliance with the provisions of the law.
“A further declaration that the summary result sheet of the Plateau state APC governorship primary election dated May 26 is a null, void and of no effect whatsoever but the court declared that he didn’t have the locus standing to challenge the outcome the fact he has put in his resignation to the party in Plateau state “.
He also prayed the court to declare that he was not given an equal opportunity to participate in the said Plateau State APC governorship primary election.
He further asked the court to make an order directing fresh conduct of Plateau state APC governorship primaries.
The 1& 2 defendants asked for cost of N200 million and N150 million respectively but the court awarded N100,000 each.
