From Godwin Tsa, Abuja
The Spreme Court has dismissed the appeal filed by the factional governorship candidate of the Peoples Democratic Party, PDP, Oladipupo Adebutu for lacking in merit.
In a unanimous judgment on Monday, the apex court affirmed the judgment of the Abuja division of the Court of Appeal vacating the decision of the Federal High Court that went in his favour.
Justice Ibrahim Musa Saulawa who delivered the judgment of the apex court agreed with the Court of Appeal that the suit filed by an aggrieved aspirant of the party, Jimi Adebisi Lawal, be remitted to the Federal High Court for re-hearing.
Justice Saulawa held that Justice Taiwo Taiwo of the Federal High Court (now retired), was wrong to have declined jurisdiction to entertain Lawal’s case.
The jurist berated Justice Taiwo Taiwo for acting in a manner that was not in the interest of the justice of the case.
“The trial judge ought to have taken the preliminary objection together with the substantial matter. It is a mandatory and not discretionary. We have a duty to protect the integrity of the judiciary, ” Justice Saulawa noted.
Other members of the five member panel of the Supreme Court justices include Justice Adamu Jauro, Justice Emmanuel Agim and Justice Helen Ogunwumiju.
Consequently, the court ordered that the suit be remitted to the Chief Judge of the Federal High court to be re- assigned to a new judge for re-hearing.
Justice Biobele Georgewill of the Court of Appeal had held that what Lawal raised in his suit was a pre-election matter which it said the Federal High Court has the requisite jurisdiction to entertain.
Consequently, the appellate court made an order, remitting the casefile back to the Chief Judge of the Federal High Court for the matter to be heard on its merit.
The appellate court further noted that the statutory 180 days for hearing of the case, being a pre-election matter, had yet to elapse.
It, therefore, ordered that the matter should be re-assigned to another judge of the high court for fresh hearing.
Other members of the appellate court panel that concurred with the lead judgement, were Justices M. Mustapha and Danlami Senchi.
Lawal had approached the high court to challenge the delegates list that was used in the conduct of the governorship primary election the PDP held in the state on May 25, 2022.
He contended that the list was not in tandem with names of delegates he said were democratically elected at the ward congresses.