By Muhammad Idris – Abuja
Speaker of the Kogi State House of Assembly, Matthew Kolawole who emerged as the candidate of the All Progressive Congress’s primary held on 27th May, 2022 for Kabba/Bunu/Ijumu Federal Constituency has won at the Supreme Court yesterday against the case filed by Segun Olobatoke.
In their unanimous judgment, the five man panel juries, Justice Lawal Garba (PJ), Justice I.M.M Saulawa, Justice Helen M. Ogunwumiju, Justice Adamu Jauro, Justice Emmanuel A. Agim held that the Sheriff and Civil Process Act 2004 does not apply to the Federal High Court, as such the trial Court ought not to have applied the Act in dismissing the Appellant’s originating Summons.
The Apex Court held further on the request made by the Appellant for the Apex Court to hear and determine the Suit on the merit by invoking section 22 of the Supreme Court Act, this request was declined by the Apex Court because the 180 days allowed by section 285 of the 1999 Constitution (As amended) has passed as such the Appellant Suit cannot be remitted to the Federal High Court, Lokoja for retrial because the action is statute barred.
The Judges further said the Supreme Court cannot exercise a stale jurisdiction thereafter the Apex Court struck out the Appellant Suit having been caught up by section 285 of the 1999 Constitution as Amended, foreclosing the opportunity of the Supreme Court to look at the case on its merit.
However, it is important to set the record straight for the reading public, that the suit, challenging, Rt. Hon (Prince) Kolawole Mathew’s certificate was struck out by the Supreme Court, thus putting paid to the challenge by Hon Segun Samuel Olobatoke in public to the INEC forms of year 2014, 2018, and 2022 in this pre-election matter.
It is recalled that upon concurrent loss at the trial in the Federal High Court, Lokoja and the Court of Appeal, Abuja last year, dismissing Segun Samuel Olobatoke suit for being incompetent and dissatisfied with the finding of the lower Courts appealed to the Supreme Court.
Reacting to the judgment, the Speaker, Kogi State House of Assembly, Mathew Kolawole said the victory at all levels of the Courts is dedicated to the good people of Kabba-Bunu/Ijumu Federal Constituency, urging the electorate to continue to have faith with the ruling All Progressive Congress.
He also used the opportunity to appreciate Governor Yahaya Bello for his fatherly support and for being there for the party, stressing that the judiciary has further confirmed to be the last hope for the common man.
He assured the Governor, as the Candidate of the All Progressive Congress to consolidate on the win of the party in the previous Election.