The Osisioma Division of the Abia Stste High Court on Monday Dismmised the matter sponsored by Ikechi Emenike which was subject of suit HIN/4/2018 between Barr. Fabian Okonkwo & 2 Ors v. APC & 5 Ors
The Suit which was formerly pending before Justice Okoroafor at Okpuala Ngwa, b was transferred by Chief Judge of Abia State to Osisioma Judicial Division in suit No. HOS/98/2018 between the same parties.
The Suit was dismissed today the 4/3/2019 based on the preliminary objection filed and argued on behalf of the 1st Defendant (APC) on the following grounds:-
“That the Claimants suit is caught with the statue of limitation pursuant to the provision of Section 285 (10) of the constitution of the Federal Republic of Nigeria, 1999 (4th Alteration, No. 21) Acts, 2017 that provides thus: “A court in every pre-election matter shall deliver its judgment in writing within 180 days from the date of filing the suit”. The said suit was filed on 6th day of February, 2018 to the 11/12/2018 is more than the prescribed 180 days is 277days i. e. Extra 97 days”
” The suit is also an academic exercise as the Claimants have no locus standi to institute it having not pleaded that they were aspirants in the 1st Defendant’s primaries being sought to be set aside or nullified or party executive Officers”
“Following the foregoing the suit is a nullity and the court can not take a further step in the matter as its nullity”
This clears the Legal Huddles of Candidacy of Dr Uche Ogah on the Platform of the All Progressive Congress.