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Dismantles legal roadblock ahead of 2027 polls
The Federal High Court in Abuja on Wednesday cleared a major hurdle for former Cross River State Governor, Donald Duke’s presidential ambition, dismissing a legal challenge against his nomination as the Peoples Redemption Party (PRP) flag-bearer for the 2027 general elections.
Presiding Judge Justice Mohammed Umar threw out the lawsuit filed by aggrieved PRP presidential aspirant, Mr. Yakubu Kingsley, ruling that the case was “statute-barred” and legally dead on arrival.
Upholding preliminary objections raised by Duke and the PRP, the court held that the suit breached Nigeria’s supreme law. Justice Umar ruled that the challenge, being a pre-election matter, was filed outside the mandatory time-frame dictated by Section 285(9) of the 1999 Constitution.
The Judge rule that having been filed on June 10, 16 days after the results of the PRP’s presidential primary election conducted on May 25 was made public, it was statute-barred.
He faulted Kingsley’s contention that the 14-day limit allowed by the Constitution for the filing of pre-election cases ought to start counting from June 6 when the party’s appeal committee wrote to him to communicate its decision, rejecting his appeal.
Justice Umar proceeded to decline jurisdiction, holding that the suit, having been found to be statute-barred, robbed the court of the requisite jurisdiction to hear and determine it.
The judge, however, proceeded to also determine the suit on the merits and equally dismissed it on the grounds that the plaintiff failed to prove his case.
He faulted the plaintiff’s argument that Duke was validly returned as PRP’s presidential candidate in the May 25 primary election, having allegedly not been a registered member of the party when the PRP submitted its membership register to INEC on May 4.
Justice Umar held that the issue of membership of a political party is an internal affair of the political party, which is non-justiciable and over which the court lacked jurisdiction.
The judge also faulted the plaintiff’s claim that Duke did not comply with the party’s guidelines, was ineligible to participate in the primary election and ought not to have been cleared to contest, having allegedly failed to physically appear for screening at the party’s national secretariat.
He noted that while Kingsley referred to the PRP’s guidelines, which he claimed Duke violated, he failed to produce the said guidelines before the court as required.
Justice Umar rejected Kingsley’s claim of over-voting during the primary election in states like Bauchi, Kwara and Gombe, holding that he failed to prove over-voting as required by law.
Kingsley had, in his originating summons, urged the court to determine whether Duke was validly returned as the party’s presidential candidate in the May 25 primary election, having allegedly not been a registered member of the PRP when the party submitted its membership register to INEC on May 4.
He prayed for a declaration that Duke was ineligible to participate in the primary election and ought not to have been cleared to contest, having allegedly failed to physically appear for screening at the party’s national secretariat.
The plaintiff also prayed the court to set aside the results from Bauchi, Gombe and Kwara states over alleged over-voting and declare him the PRP presidential candidate for the 2027 elections.
He further sought an order directing the Independent National Electoral Commission (INEC) not to recognise Duke as the party’s presidential flagbearer and to instead recognise him as the PRP’s candidate. – With NAN report
