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A Federal Excessive Court docket sitting in Lokoja on Friday dismissed a go well with difficult the candidature of Mrs Akpoti-Uduaghan Natasha of the Peoples Democratic Get together (PDP).
Natasha on Could 25, gained the occasion’s main election monitored by INEC, as PDP Senatorial Candidate for Kogi Central District for the 2023 normal elections.
The ballot was, nevertheless, challenged by Adamu Atta earlier than the Federal Excessive Court docket.
However Presiding Decide, Justice Peter Mallong in his judgment, dismissed the go well with on the bottom that it was grossly incompetent, incurably faulty and strongly robbed the court docket of jurisdiction to entertain it.
“Trying on the origin of this go well with, it was to begin with, improperly filed as observed by the defence counsel, and due to this fact this Honourable Court docket lacks jurisdiction to entertain it.
“Consequently, the go well with is flawed and is hereby subsequently dismissed in its entirety, ” the Decide declared.
Atta, who additionally contested the PDP main, had in his Originating Summons, alleged that Akpoti-Uduaghan didn’t win the first election for Kogi Central Senatorial District and due to this fact her victory must be nullified.
He had prayed the court docket to nullify Uduagha’s emergence as PDP Candidate within the Could 25 main election, claiming it was flawed and never validly performed as required by regulation.
However Natasha, in her Preliminary Objection, by her Counsel, MrJohnson Usman (SAN), objected to the listening to of the go well with on the bottom that it was wrongly filed by Originating Summons.
“Submitting such a go well with by originating summon shouldn’t be endorsed as required by regulation and so this Honourable Court docket lacks the jurisdiction to entertain it.
“Based on part 97 of the Sheriff and Civil Course of Act, the originating summons is incurably faulty and incompetent, having not been endorsed in keeping with provisions of the regulation.
“Moreover the incompetence of the originating summons, the first election performed on Could 25, was monitored by the Impartial Nationwide Electoral Fee (INEC) and she or he validly gained.
“My Lord, It’s primarily based on these info that we urge your Lordship to dismiss this go well with for lack of competence, having improperly commenced and denied this Court docket the jurisdiction to entertain it, ” she prayed.
In his judgment, Justice Mallong agreed with the submission of the defendant that the go well with was improperly filed and that the Court docket lacked jurisdiction to listen to it.
He dismissed the go well with in its entirety.
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