…And Dissolution Of The Omotosho Led Ekiti APC Executive Committee
The Federal High Court sitting in Abuja today dismissed the case filed by Ojudu and other members of the APC in Ekiti State . The Court in its considered Ruling delivered on 5th November, 2020 dismissed the case of Ojudu and 11 others .
The Court upheld the Preliminary Objections filed by the Counsel to the APC and Paul Omotosho led Ekiti State Executive Committee, Chief Rafiu O. Balogun and Shuaib E. Aruwa and dismissed the case.
The Court held that the Matter that was filed after 14 days when the Congress of the Party in Ekiti State was conducted where the Omotosho-led Ekiti State Executive Committee of APC got elected was filed out of time prescribed by the Fourh Alteration to the Constituion of the Federal Republic of Nigeria and thereby becomes statute barred.
The court also held that the case cannot be decided anymore even if not statute barred since the period of 180 days set out in the Constitution within which to hear and determine the case has lapsed by virtue of section 285(9) and (14) of the 1999 Constitution (as Amended) . The case was filed in April, 2020 when the Congress of the Party was conducted on 15th September,2018. The case having being statute barred is liable to be dismissed and accordingly dismissed.
Senator Babafemi Ojudu and other members of APC in Ekiti State dragged the Party and Paul Omotosho-led Ekiti State Executive Committee to the Federal High Court Abuja seeking for the dissolution of the Paul Omotosho led Ekiti State Executive Committee of the APC for not being properly elected.