The Federal High Court in Abuja on Thursday dismissed a suit filed by the Special Adviser to the President on Political Matters, Babafemi Ojudu, seeking the dissolution of the leadership of the All Progressives Congress in Ekiti State.
Ojudu, a former senator representing Ekiti Central, is an intra-party political rival of the Ekiti State Governor Kayode Fayemi, who is believed to be in control of the APC in the state.
Justice Inyang Ekwo, in a ruling on Thursday, upheld the preliminary objection filed against Ojudu’s suit which he dismissed for being statute-barred.
The judge held that Ojudu and his co-plaintiffs failed to file their suit within 14 days from the time the cause of action arose as stipulated in Section 285 of the 1999 Constitution and therefore statute barred.
He noted that while the plaintiff’s grouse was that the members of the Executive Committee of the party in Ekiti State were illegally, fraudulently, and unconstitutionally selected on September 15, 2018, they only filed their suit on April 21, 2020.
Ojudu and other plaintiffs in their suit joined the APC, the Independent National Electoral Commission, the Inspector of Police, the state chairman of the party, Chief Paul Ayodele Omotosho, and members of the party’s executive in the state, as the defendants.
Ruling on Thursday, Justice Ekwo agreed that the suit was statute-barred.
He ruled, “In the instant case, this matter is constitutionally spent when final decision could not be decided within 180 days permitted by law. The hands of this court are tied by section 285 of the Constitution.
“Having found that this suit is statute-barred I make an order dismissing it and this case is hereby dismissed without cost. This is the order of this court.”