Friday 22 October 2021

PLATEAU: COURT DECLINES ENTERTAINING SUIT N0: PLD/J/327CV/2021, BETWEEN, HON. PETER MALLO AND HON. JOSEPH GULUWA, UPHOLDS PRELIMINARY OBJECTION (PO)

By: Valentine Adese (JP) and Naomi Paul,

Plateau State High Court presided over by, Hon. Justice Geoffrey Kamyal has declined entertaining suit N0: PLD/J/327CV/2021, filed by Hon. Peter Mallo, challenging the candidature of Hon. Joseph Guluwa, as the All Progressives Congress (APC) candidate in the last Local Government (LG) elections conducted by the Plateau State Independent Electoral Commission (PLASIEC), because, the suit is already statute barred.

The Court, which upheld the Preliminary Objection (PO) filed by, Hon. Joseph Guluwa’s Counsel, Garba Pwul (SAN), said the cause of action was on the 23rd of June, 2021, when the primaries for the election was held in Bokkos Local Government Area (LGA) of Plateau State and not on the 10th of August, as perceived by the Plaintiff in his Affidavit.

Although the Court dismissed the first ground of the objection that the suit, which came by way of Originating Summons was wrong, the Court struck out the suit, for being Statute Barred according to the provision of the 1999 Constitution (as amended).

In his reaction, the Plaintiff’s Counsel, M. B. Abudullahi (Esq) said they would study the Judgment and know the next action to take.

On his part, the Counsel to Hon. Joseph, N. Dashuwar (Esq), hailed the Judgment, while Hon. Joseph has extended an olive branch to the Plaintiff.

The Court has however, awarded the cost of N50,000.00 against the Plaintiff.

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