A Federal High Court in Abuja on Thursday struck out a suit filed by Awoyemi Oluwatayo Lukman, seeking to nullify the nomination of Ademola Adeleke, as governorship candidate of the Peoples Democratic Party (PDP).
Lukman had sued the Independent National Electoral Commission (INEC), PDP and Adeleke before the court seeking order to void and set aside the submission of Adeleke’s name to INEC on grounds of alleged unlawful action.
The plaintiff argued that Adeleke’s name was hurriedly submitted by PDP on March 11, 2022, as against between March 14 and 18 provided in the INEC guidelines.
According to him, having submitted Adeleke’s name before the period fixed by INEC, the court should declare the submission illegal, unlawful, null and void and be set aside.
He also claimed that INEC must be bound by its official guidelines and that anything done outside the guidelines should be considered to be against the provisions of the Electoral Act 2022.
However, delivering his judgment, Justice Obiora Egwuatu struck out the suit on the ground that the said Lukman lacked locus standi to have instituted the case.
Justice Egwuatu also held that the suit was statute barred having been fixed outside the 14 days stipulated by Section 285 of the 1999 Constitution that all pre-election suits must be filed within 14 days whereas, the instant suit was filed after 28 days.