The Supreme Court upheld the May 27, 2022 All Progressive Congress primary election, which produced the Speaker of the Kogi State House of Assembly, as the winner of the Kabba/Bunu/Ijumu Federal Constituency.
On Friday, the Speaker prevailed in the Supreme Court against a lawsuit filed by a fellow primary election candidate, Segun Olobatoke.
In his suit, Olobatoke claims that the Speaker used multiple names on his certificate submitted to INEC.
He claims that the Speaker’s name was Kolawole Matthew in the 2014 INEC form, as opposed to Kolawole Olushola Matthew in the 2018 INEC form, and Prince Kolawole Olushola Matthew in the 2022 INEC form.
After losing concurrent trials in the Federal High Court in Lokoja and the Court of Appeal in Abuja last year, both of which dismissed his suit for incompetence, Olobatoke appealed to the Supreme Court, seeking a retrial.
The five-man panel juries, Justice Lawal Garba (PJ), Justice I.M.M Saulawa, Justice Helen M. Ogunwumiju, Justice Adamu Jauro, and Justice Emmanuel A. Agim, unanimously dismissed the Appellant’s request for the Apex Court to hear and determine the Suit on the merits by invoking Section 22 of the Supreme Court Act.
The Supreme Court dismissed the suit on the grounds that the 180-day period specified in Section 285 of the 1999 Constitution (as amended) for pre-election matters had expired, and thus the Appellant Suit could not be remanded to the Federal High Court in Lokoja for retrial because the action was statute barred.
The Judges also stated that the Supreme Court cannot exercise stale jurisdiction; consequently, the Apex Court dismissed the Appellant Suit, citing Section 285 of the 1999 Constitution (as amended), which precludes the Supreme Court from considering the case on its merits.