The Court of Appeal, Sokoto Division on Saturday upheld the decision of Federal High Court, Birnin Kebbi, which struck out the suit challenging the validity of Senator Bala Na’Allah’s nomination during the All Progressives Congress primaries conducted in October 2018.
The suit, filed by Sadiq Sule-Iko, was challenging the nomination of Na’Allah as candidate of the APC for Kebbi South Senatorial District.
The appellant prayed the Court of Appeal to quash the lower court’s decision.
The judgement, read by Justice Justice Frederick Oho, dismissed the preliminary objection filed by the Respondent and granted the Appellant’s prayer for amendment of the originating summon.
Oho said judges considered arguments and submissions of all parties in the suit and arrived at upholding the lower court’s judgement.
The News Agency of Nigeria reports that the lower court struck out the case on the grounds that it was not filed within 14 days as required by the constitution.
It further held that in spite of the alleged irregularities, intimidation, police harassment at the primary election of October 3 and 4, 2018, the plaintiff failed to file the suit within the required time, thereby rendering the case “incompetent”.
The court also faulted Sule-Iko’s counsel for not signing the writ of summons and not supplying valid information to the court.