The Supreme Court has upheld the May 27, 2022 All Progressive Congress primary election that produced the Speaker of the Kogi State House of Assembly, as the winning for Kabba/ Bunu/Ijumu Federal Constituency.
The Speaker won at the Supreme Court on Friday against the suit filed by a fellow contenstant in the primary election, Segun Olobatoke.
Olobatoke in his suit has challenged that the Speaker was bearing multiple names in his certificate submitted to INEC.
He assert that the Speaker’s name in the INEC form of 2014 was Kolawole Matthew, different from the 2018 INEC form which was Kolawole Olushola Matthew, while the 2022 INEC form reflects Prince Kolawole Olushola Matthew.
Having experienced concurrent loss at the trials in the Federal High Court, Lokoja and the Court of Appeal, Abuja last year, dismissing his suit for being incompetent, Olobatoke who was dissatisfied with the finding of the lower Courts, appealed to the Supreme Court, seeking for retrial.
In their unanimous judgment, the five man panel juries, Justice Lawal Garba (PJ), Justice I.M.M Saulawa, Justice Helen M. Ogunwumiju, Justice Adamu Jauro, Justice Emmanuel A. Agim dismissed the request made by the Appellant for the Apex Court to hear and determine the Suit on the merit by invoking section 22 of the Supreme Court Act.
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The Apex Court declined the suit on the ground tha the 180 days allowed by section 285 of the 1999 Constitution (As amended) for pre-election matters has passed; as such the Appellant Suit cannot be remitted to the Federal High Court, Lokoja for retrial because the action was statute barred.