The judge, Obiora Egwuatu, in his judgement, struck out the case seeking Mr Adeleke’s disqualification as a candidate in the 16 July governorship poll for being “incompetent and lacking in merit.”
Mr Egwuatu held that the case having not been filed within the stipulated time allowed by law for a pre-election matter has become statute-barred and liable for dismissal. He argued that the action of the PDP violated INEC’s guidelines, and urged the court to set aside Mr Adeleke’s nomination as PDP’s governorship candidate.But delivering judgement in the case, the judge agreed with the submissions of the PDP and Mr Adeleke that the plaintiff lacked the right to challenge the Osun State governor-elect’s nomination.
Mr Egwuatu also sided with the defendants that the plaintiff’s suit was statute-barred as it was filed 28 days after the cause of action arose.The judge said the cause of action arose on 11 March when PDP submitted the nomination of Mr Adeleke to INEC’s online portal and not March 24, when INEC published the form EC9 of Adeleke.
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