Court Throws Out Suit On Pre-Election Matter Of  APC In  Bokkos LGA , Dismisses It For Lack Of  Jurisdiction

Yakubu Busari

A Plateau State High Court sitting in Jos on Friday has thrown out a preelection matter on a  suit on Bokkos Local Government All Progressive Congress (APC) candidature status as “Status Bar” and dismissed it for lack of jurisdiction.

Justice Geoffrey Kamyal of Plateau State High Court 10 made the declaration in his judgment on the suit filed by Mr Mallo Best, an APC aspirant against his opponent, Mr. Joseph Guluwa over a controversial party primary held on June 23 in Bokkos.

The judge said that Plaintiff, Best, did not file the case within the 14 days as required by section 285(9) of the 1999 Constitution (as amended) being a pre-election matter, and rendered it “status bar.”

“Having filed this suit 14 days after the stipulated time frame as contained in section 285(9) of the 1999 Constitution as amended, it’s a status bar, and therefore deprived this court the jurisdiction to entertain it.

“By that law, which the Supreme Court also ruled upon, the implementation is that it deprives the Court the jurisdiction on this suit and foreclosed the litigant’s right to institute a cause of action, ”

“Where a suit is a status bar, the Court lacks the jurisdiction to entertain it. Therefore, this court found this case status bar and is hereby dismissed,” Kamyal declared.

The Judge had explained that by the submissions of the Plaintiff, he got a win of the Guluwa’s APC candidature status for the Oct 9 Plateau Council Polls on July 19, when he (Best) wrote to PLASIEC to confirm in a letter submitted as Exhibit H.

He explained that that date (July 19) was the date of consent but that the filing of the suit on Aug 19, which is above the 14 days requirement for pre-election matters, tendered its status bar.

The plaintiff  Counsel, Mr. Munir Abdullahi, filed a case before the court contesting the outcome of the party’s primaries held in Bokkos Local Government Area on June 23 by their party, APC.

Best, in an originating Summon, told the court that APC allegedly goofed when it announced Mr. Joseph Guluwa as its Bokkos LGA’s candidate for the Oct. 9 Council polls held in Plateau

Speaking to newsmen shortly after the judgment, Mr. Nantok Dashuwar , Counsel to Guluwa and PLASIEC, (2nd and 3rd defendants respectively), described the judgment as “very sound” and”apt.”

Dashuwar said that the judge acted in accordance with the law, considering the fact that the suit was Status Bar for falling short of the law, and couldn’t be entertained.

Responding, Best, through his Counsel, Abdullahi, said that he would carefully study the judgment and take the necessary action.