A Federal High Court in Lokoja presided over by Hon. Justice D. U. Okorowo Monday struck out a pre-election suit of the Action Democratic Party (ADP) against the election of Alhaji Yahaya Bello as governor of Kogi State.
The case, which was last in series of pre-election cases instituted against the election of Governor Bello, was struck out due to lack of diligent prosecution by the claimants.
The suit with No. FHC/LKJ/CS/136/2019 was by Mr. Sule Solomon Itanyi and two others against INEC and one other.
In the case which was filed on November 4, 2019, the claimants alleged that INEC failed in her duty when it refused the party (Action Democratic Party) to substitute Mr. Ndakwo Abdulrahman Tanko, her original Governorship candidate for Mr. Sule Solomon Itanyi prior to the conduct of the election.
The 1st respondent (INEC) and the 2nd respondent (APC) in reaction to the suit challenged the jurisdiction of the Court on the ground that the suit was filed outside mandatory statutory period of 14 days from the date of the occurrence of cause of action and that the 180 days provided for the trial court to hear and determine the suit had also lapsed due to negligence of the claimants.
Justice Okorowo in his judgement upheld the objections of the respondents on the two main grounds, saying that the suit is “statute bar”.
The suit was therefore struck out for lack of diligent prosecution by the claimants.