Former Attorney General of the Federation (AGF) and Minister of Justice, Michael Aondoakaa has failed in his bid to sack the governorship candidate of the All Progressives Congress (APC) in Benue State, Rev. Father Hyacinth Alia.
Aondoakaa, in the suit marked: FHC/ABJ/CS/877/2022, argued among others that the primary election was not held in accordance with the provisions of the Electoral Act 2022 and the constitution of the APC.
He also queried Alia’s qualification to contest for election, claiming that he was, at the time of the primary, not a valid member of the party and was an employee of the Catholic Church.
Justice Ahmed Mohammed, in a judgment on Thursday, held that Aondoakaa’s suit was incompetent and statute-barred, having been filed outside the 14 days allowed for the institution of such pre-election cases under Section 285(9) of the Constitution.
Justice Mohammed, in upholding the objection by the APC and Alia, noted that Aondoakaa was aware of the APC’s primary, which validity he was challenging, as far back as May 26, 2022, but chose to file his suit on June 10, about 16 days after the cause of action arose, thereby acting outside the 14 days allowed under Section 285(9) of the Constitution.
The judge held that Aondoakaa’s decision to file the suit outside the period prescribed by the Constitution has robbed his court of the requisite jurisdiction to entertain the case.
He proceeded to strike it out.
Credit: The Nigeria Lawyers