PLATEAU: PDP, MWADKON, AGAH, AGAINST INEC: FHC HAS NO JURISDICTION BECAUSE THE APPLICANTS FAILED TO INITIATE THE SUIT BY DUE PROCESS---COURT

By: Amb. Valentine Adese (JP),

The Federal High Court, Abuja Division, which declined jurisdiction to entertain the Suit No: FHC/ABJ/CS/26/2024, filed by the Peoples’ Democratic Party (PDP), Simon Mwadkon and Musa Agah, has stated that the reason for declining jurisdiction is because the Applicants failed to follow due process of Law.

The Court Presided over by Hon. Justice Emeka Nwite in his judgment also, stated that the matter is election-related and it is statutory and Sui Generis and same cannot be commenced by way of Prerogative Writ.

From the Certified True Copy (CTC) obtained and signed by Kasope Kafayai Bola, the Registrar of the Court, the Judgment in part states as follows:-

“After hearing the argument of both the Applicants’ and Respondents’ Counsel for and against granting of the reliefs sought by the Applicants, and the Court having given its Ruling/Judgment,

It is hereby ordered as follows:

1. That election-related matters are statutory and sui generis and same cannot be commenced by way of Prerogative Writ as in this in this case.
2. That the failure of the Applicants to initiate this suit by due process of the Law has robbed this Honourable Court with the requisite jurisdiction to entertain this suit. See Madukolu vs Nkemilim (1962) 1 SC NILR 341.
3. That this suit is hereby struck out for lack of jurisdiction.
4. That this shall be the Ruling/Judgment of the Court.

Issued at Abuja under the Seal of the Court and the Hand of the presiding Judge, this 29^th day of January 2024.

Signed: KASSOPE KAFAYAI BOLA

REGISTRAR”

TO BE CONTINUED…