A Federal High Court sitting in Lokoja on Friday dismissed a suit challenging the candidature of Akpoti-Uduaghan Natasha of the Peoples Democratic Party (PDP).
Natasha on May 25, won the party’s primary election monitored by INEC, as PDP Senatorial Candidate for Kogi Central District for the 2023 general elections.
The poll was, however, challenged by Adamu Atta before the Federal High Court. But Presiding Judge, Justice Peter Mallong in his judgment, dismissed the suit on the ground that it was grossly incompetent, incurably defective, and strongly robbed the court of jurisdiction to entertain it.
“Looking at the origin of this suit, it was first of all, improperly filed as noticed by the defense counsel, and therefore this Honourable Court lacks jurisdiction to entertain it.
“Consequently, the suit is defective and is hereby subsequently dismissed in its entirety, ” the Judge declared.
Atta, who also contested the PDP primary, had in his Originating Summons, alleged that Akpoti-Uduaghan did not win the primary election for Kogi Central Senatorial District and therefore her victory should be nullified.
He had prayed the court to nullify Uduagha’s emergence as PDP Candidate in the May 25 primary election, claiming it was flawed and not validly conducted as required by law.
But Natasha, in her Preliminary Objection, through her Counsel, Johnson Usman (SAN), objected to the hearing of the suit on the ground that it was wrongly filed through Originating Summons.
“Filing such a suit through originating summon is not endorsed as required by law and so this Honourable Court lacks the jurisdiction to entertain it.
“According to section 97 of the Sheriff and Civil Process Act, the originating summons is incurably defective and incompetent, having not been endorsed in line with provisions of the law.
“Besides the incompetence of the originating summons, the primary election conducted on May 25, was monitored by the Independent National Electoral Commission (INEC) and she validly won.
“My Lord, It’s based on these facts that we urge your Lordship to dismiss this suit for lack of competence, having improperly commenced and denied this Court the jurisdiction to entertain it, ” she prayed.
In his judgment, Justice Mallong agreed with the submission of the defendant that the suit was improperly filed and that the Court lacked jurisdiction to hear it.
He dismissed the suit in its entirety.