By Eric Ikhilae, Abuja
A Federal High Court in Abuja has upheld the decision by the Independent National Electoral Commission (INEC) to reject the candidates of Allied Congress Party of Nigeria (ACPN) and Freedom and Justice Party (FJP) for the forthcoming governorship election in Kogi State.
Justice Ijeoma Ojukwu, in two judgments on Friday, upheld the arguments by INEC’s lawyer, Sulayman Olawale Ibrahim and dismissed the suits filed by the ACPN and FJP, on the grounds that they were statute barred.
The suits marked: FHC/ABJ/CS/1115/2019 and FHC/ABJ/CS/1116/2019 had INEC as the sole respondent.
Justice Ojukwu held that INEC acted within its powers to reject the candidates when it found that both parties failed to comply with its deadline for the submission of candidates’ lists and nomination forms.
In the earlier part of both judgments, the judge held that the suit was validly filed, having been instituted with the 14 days allowed for the filing of pre-election cases under Section 285(9) of the 4th Alteration to the Constitution.
She however rejected both suits on the grounds that the applicants failed to comply with the timetable issued by INEC for parties to submit their lists of candidates and nomination forms in relation to the Kogi governorship election.
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Justice Ojukwu noted that, while INEC put the deadline for the submission of the items for September 9, 2019 for the election scheduled for November 16, 2019, the applicants chose to submit their lists and forms after 6pm of last day.
The judge noted that as a public institution, INEC was allowed to operate during official hours, and that the agency’s decision to extend its deadline to 6pm was enough indulgence and ought to be commended.
She further noted that as parties seeking to contest a governorship election and possibly produce a governor for the state, it was incumbent on the applicants to have respect for the sanctity of time.
Justice Ojukwu faulted the applicants’ claim that they were not comfortable with the timetable published by INEC on May 16, 2019.
The judge said having failed to act on time, the applicants could no longer query the propriety of the timetable and are bound by it and ought to comply with its provision.
“The right of the applicants to file this suit has been extinguished by time. The suit is dead on arrival, it is dismissed,” the judge said.
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