By Daniel Dauda, Jos


The High Court sitting in Jos Division, has on Tuesday dismissed the application filed by the governorship candidate of the All Progressive Congress,APC, in Plateau for 2023 elections Dr. Nentawe Yilwatda, seeking to join as the second defendant on the suit brought before the court by the aggrieved delegates against the state chapter of APC.

Recall after the fall out APC Congresses in Plateau some aggrieved delegates instituted a legal action challenging the party for their exclusion as the legitimate delegates of the party purchasing delegates forms.

Ruling on the application on whether the court should grant Nentawe the opportunity to join as second defendant on the matter, the presiding judge, Justice A.I. Ashom said, "the application is prematurely filed."

He further posits that, "the application is consequentially stroke out for lack in merit."

Speaking to newsmen after the ruling, the Claimants counsel, Barr. A.S. Abbah opines that, today was set for the hearing of the court decision whether Nentawe would be a party or not by his application he filed. 

"We reacted to the application and opposed it, and urged the court to trash it and not accepting him as a party in the case. We are today that the application is refused. He has been sent back to where he came from! 

"In a curious twist though, court has call upon myself and the counsel to All Progressive Congress (APC) to address it to some certain issues, areas of law that has clearly bothered whether this matter is a pre-election matter or not. We're of the opinion that it is not!

"The Constitution is clear, the election matters are matters that are taking by the aspirant or the party. Who are aspirants? Aspirants are persons who are vying for a political position under the platform of political party.

"In this case, is not the same because these are party members who sort to participate in the ward Congresses and were disenfranchised. They are not aspirants of APC.

"Now ordinarily, arguments like these is supposed to be taking with the main case but the court in its wisdom has severe it and said we should address it on this issue and of course we will," he stated.

Abbah further explain that, "the amended originating sermon that the applicant (Dr.Nentawe) sort to join was a lifeless document. You can't put on something on nothing and you expect it to stand. That was what happened, there is no foundation. So the court agreed with us and is like putting the cat in front of the horse. It was premature, unnecessary and baseless. And that is why the court stroke it out.

"Well, jurisdiction is the life wire of everything. Now it is clear that the Federal High Court, I admit that as a Lawyer the Federal High Court has the exclusive jurisdiction to hear pre-election cases.

"So, whether the jurisdiction would be that of the Federal High Court or the state High Court would be determine whether this matter is a pre-election matter or not! Now Section 255 of the Constitution as alter answer this. It gives three instances of what pre-election matters are. Two of the instances the matter must be taking out by aspirants and the last instance the matter must be taking out by the political party.

"And I easily demonstrated or distinguished this matter that it is not a pre-election matter. But of course, we have our opinions and we canvassed them before the court, and we wait for the court ruling and if the court said what we want we clap for it and if it turns other way round we go on appeal", he concluded.

However, Justice Ashom has adjourned the matter to 14th December, 2022.