JUDICIARY
Benue APC Tussle: Court Strikes Out Aondoakaa’s Suit Against Fr. Alia
The Federal High Court, Abuja has struck out a suit by an aspirant of the All Progressives Congress, (APC) in Benue, Mr Michael Aondoakaa, SAN, challenging the emergence of Rev. Fr. Hyacinth Alia as the party’s governorship candidate for the 2023 governorship election.
Delivering judgment on Thursday in Abuja, Justice Ahmed Mohammed held that although the suit was a pre-election matter, Aondoakaa filed it out of time.
“The grouse of the plaintiff is that the Benue APC primary election was not conducted in complaince with the law.
“The APC primary election took place on May 26 and the plaintiff was enjoined by law to commerce action within 14 days.”
The judge held that the law was trite that where the cause of action was commenced on time, the litigant will have his right protected.
He said that since the primary election took place on May 26, filing the suit on June 10 made the suit status barred.
“From May 26 to June 10 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 said.
The judge also said that having found that the suit was filed out of time, there was no basis delving into the substantial matter.
Newsmen report that Aondoakaa, a former Attorney-General, had dragged the APC, Fr. Alia and the Independent National Electoral Commission, (INEC) to court on the grounds that the APC conducted it’s governorship primary election in Benue in violation of the law
He asked the court to declare among other reliefs that Alia was not fit to contest the primary election because he was not a member of the APC.
“A declaration that the 2nd defendant (Fr. Alia) is not qualified to vote, contest and/or be declared as the winner of the 1st defendant’s (APC) Benue gubernatorial primary election, he not been a member of the party and his name not been 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 Benue 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 constitution in the conduct of the primary election in Benue for the emergence of its gubernatorial candidate, Fr. Alia 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 Benue 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 Benue APC governorship primary election dated May 28 is a null, void and of no effect whatsoever.”
Aondoakaa also asked the court to declare that Fr. Alia could not validly contest and be declared as winner of the APC primary election being an ordained priest of the Catholic Church and fully engaged as a minister in the employment and or service of the Catholic Church.
He also prayed the court to declare that he was not given an equal opportunity to participate in the said Benue APC governorship primary election.
He further asked the court to make an order directing a fresh conduct of Benue APC governorship primaries.
The plaintiff, in addition, asked for a perpetual injunction restraining Fr. Alia from holding or carrying on or parading himself as the gubernatorial candidate of the APC for the March 11, 2023 gubernatorial election in Benue.
He asked for damages in the sum of N150 million (NAN)
A Kano State High Court has restrained the National Chairman of the All Progressives Congress (APC), Dr Abdullahi Umar Ganduje, from parading himself as a member of the party.
Justice Usman Malam Na’abba, on Wednesday, made the order, following an exparte motion filed by Dr Ibrahim Sa’ad on behalf of two APC executive members of Ganduje ward, Dawakin-Tofa Local Government Area.
The plaintiffs are the party’s Assistant Secretary, Laminu Sani, and its Legal Adviser, Haladu Gwanjo.
The duo are among the nine ward executive members who suspended Ganduje from the party at the ward level, two days ago.
The respondents in the case include, All Progressives Congress (APC), APC National Working Committee (NWC), APC Kano State Working Committee (KSWC), and Dr Abdullahi Umar Ganduje.
Granting the motion, Na’abba made an order restraining Ganduje from parading himself as APC National Chairman.
The court further made an order directing Ganduje to henceforth, desist from presiding over all affairs of the APC National Working Committee (NWC).
The court directed the respondents to henceforth maintain status quo ante belum as from April 15, pending the hearing and determination of the substantive suit on April, 30.
Justice Na’abba also granted the plaintiff’s prayer which ordered the APC SWC, from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by two thirds majority of the executives as provided by the party constitution.
“An order is hereby granted directing all parties in the suit APC (1st), APC National Working Committee (2nd), Kano State Working Committee APC (3rd), Dr. Abdullah Umar Ganduje (4th), to maintain status quo ante belum as of 15th April, 2024.
“The order thereby restraining the 1st respondent (APC) from recognizing the 4th respondent (Ganduje) as member of APC and prohibiting the 4th respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legal and valid decision of the ward executives of Ganduje ward.
“That the 4th respondent (Ganduje) is prohibited from parading himself as member of APC or doing any act that may portray him or seem to be a member of APC, pending the hearing and determination of the substantive suit”.
It will be recalled that nine members of the Ganduje ward proclaimed the suspension of the National Chairman of APC over the allegation of corruption slammed on him by the Kano state government.
The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of APC from Ganduje’s polling unit.
In the petition, Adamu made allegations of corruption charges against the former governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party against the backdrop of President Bola Tinubu’s fight against corruption.
Following the failure of the Ward Chairman and Secretary to act on the petition, nine members of the executives, led by the legal adviser, acted and took the decision that led to the suspension Ganduje. (NAN)
A Jos Magistrates’ Court, on Wednesday, sentenced a 28-year-old businessman, Peter Sunday to one year imprisonment for stealing motor parts valued at N200,000.
The Magistrate, Mr Shawomi Bokkos, summarily sentenced Sunday after he pleaded guilty to the charge.
Bokkos, however, gave the convict an option to pay N30,000 and a compensation of N100,000 to the complainant.
The magistrate held that the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecutor, Insp Labaran Ahmed, told the court that the case was reported on March 19, at the “B” Police station Bukuru by one Stephen Dung, the complainant.
The prosecutor alleged that the convict had trespassed into a mechanic workshop and stole the gearbox.
He told the court that the convict was however, apprehended at the point of his wanting to sell the stolen item.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)
A Jos Magistrates’ Court on Wednesday sentenced a 29-year-old security guard, Harow Mali to three months imprisonment for stealing 25 litres of diesel.
The Judge, Shawomi Bokkos, summarily sentenced Mali after he pleaded guilty.
Bokkos, however, gave the convict an option to pay N10,000 fine.
The judge said the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecution Counsel, Insp Labaran Ahmed told the court that the case was reported on March 20, at the “A” Police station Jos by one Yab Sunday, the complainant.
The prosecutor said the convict was caught with the 25 litres of diesel by the Police.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)
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