Court Dismisses Suit Challenging Wada’s Inauguration

Started by Sunexx360, Oct 12, 2012, 08:40 AM

Sunexx360

An Abuja Federal High Court on Thursday dismissed a suit challenging the inauguration of Governor Idris Wada of Kogi State.   
A member of the Peoples Democratic Party inthe state, Oyebode Makinde, had through hiscounsel, Alex Izinyon, (SAN) asked the court to nullify Wada's swearing-in as governor.                 
Makinde also asked the court to order the Independent National Electoral Commission to conduct a fresh election in the state.
The plaintiff said he filed the suit because hewas interested in contesting the governorship seat of the state.
Wada's counsel, Chief Chris Uche, (SAN) askedthe court to dismiss the suit, arguing that it was a post-election matter that fell outside the court's jurisdiction.
Uche also questioned the plaintiff's qualification to institute the suit.
Delivering judgment, the presiding judge, Justice Abdul Kafarati, held that the plaintiff had no locus to institute the case since he did not participate in both the primary election where Wada emerged as the PDP standard bearer and the governorship election where Wada emerged as the governor.                                     
Kafarati said, "I have gone through the affidavit deposed to by the plaintiff. I cannot find anywhere the plaintiff averred that he contested the primary where the 3rd respondent (Wada) emerged.                                             
"There is also nowhere in the affidavit where the he said he contested the governorship election.
"His only ground is that he is interested in contesting the election.                                             
"This is not enough ground to qualify him toinstitute a suit. The suit seems to me as an after-thought or why did he wait until after the swearing-in before coming to court?
"The plaintiff does not have the locus standi to bring this suit."         
On jurisdiction, Kafarati agreed with the defence counsel that the court did not have the power to entertain the suit as it was a post election matter.                                 
The Judge also noted that the suit should have been filed before the Kogi State Governorship Election Petition Tribunal.

Nifemi Donald

good the case was dismissed.those people were just jealous..that's how i see it

KingFemzee