A Federal High Court in Makurdi, Benue State, has fixed September 13 to hear the substantive suit by Senator Barnabas Gemade seeking the nullification of the All Progressives Congress (APC) governorship primary which produced Rev. Hyacinth Alia as candidate.
Gemade’s lawyer, Martins Ozueh told the court that the matter was for hearing but Alia’s lawyer, Mike Agber, filed and served on him his notice of preliminary objection and counter affidavit two days ago.
He noted that his colleague was currently filing his response to the objection and counter affidavit at the court registry. He urged the court to prevail on the defendants to file all their processes on time so that by the next adjournment, the substantive suit can be heard.
Ozueh also objected to attempts by INEC’s lawyer to move his application for extension to file his memorandum of appearance and counter affidavit, saying he was not served.
Agber earlier told the court that he had filed notice of preliminary objection to the suit.
Gemade is seeking for a declaration that the May 27 and June 9 primary which produced Alia as the APC governorship candidate was not held in compliance with Section 77 and 84 of the Electoral Act 2022, and the constitution of the Federal Republic of Nigeria, and INEC guidelines.
The plaintiff is also praying for a declaration that the primary and return of Alia by APC is invalid, null and void and of no effect, and prayed the court to set aside the declaration, and order for fresh election in compliance with the relevant law.
Justice Dogo, after listening to all the counsels in the matter, adjourned till September 7 for hearing of the substantive suit.
He also ordered that court processes be served on Alia, through substituted means, in the suit instituted by Prof. Terhemba Shija, seeking the nullification of the APC primary.
Justice Dogo issued the order after Prof. Shija’s lawyer, Kenneth Ikonne, brought a motion for substituted service saying efforts by the court bailiff to serve court processes on Rev. Alia proved abortive.
The judge ordered that the processes be served on Alia at his residence in Makurdi, and adjourned till September 13 for hearing.