Justice Peter Mallong of the Federal High Court in Abuja dismissed a suit on Friday challenging the nomination of an Abuja-based lawyer, Natasha Akpoti-Uduaghan, as the People’s Democratic Party’s Senatorial candidate for Kogi Central in 2023.
The Judge ruled that another contestant, Adamu Atta’s, legal action was grossly incompetent and incurably defective, depriving the court of jurisdiction to hear it.
In his originating summons, Atta claimed that Akpoti-Uduaghan did not win the PDP primary election for Kogi Central Senatorial District for the 2023 General Election, and thus her nomination should be null and void.
He claimed, among other things, that the May 25 primary election that produced Akpoti-Uduaghan was flawed and not conducted in accordance with the law.
The plaintiff asked the court to void and set aside the defendant’s primary election as well as his eventual nomination.
However, Akpoti-Uduaghan, through her counsel, John Usman (SAN), objected to the suit being heard because the originating summons had not been endorsed as required by law.
In his preliminary objection to the legal action, the senior relied on Section 97 of the Sheriff and Civil Process Act to establish that the originating summon was incurably defective and incompetent because it had not been endorsed in accordance with the law.
Aside from the originating summon’s incompetence, Akpoti-Uduaghan stated in her counter-affidavit that the primary election held on May 25, 2022 was monitored by the Independent National Electoral Commission and that she was validly elected, attaching the result, delegates list, and INEC report.
In his decision, Justice Mallong agreed with Usman that the suit was improperly filed and that the Court lacked jurisdiction to hear it, and he dismissed it entirely.