Abuja – The Supreme Court on Friday affirmed Hon. Mathew Kolawole as the candidate of the All Progressives Congress (APC) for the Kabba-Bunu/Ijumu federal constituency in the House of Representatives election holding on February 25.
Kolawole, who is the incumbent Speaker of the Kogi State House of Assembly had emerged the winner of the primary election held on May 27 2022 for Kabba/Bunu/Ijumu federal constituency but was dragged to court by a disatisfied co-contestant, Segun Olobatoke.
However, the Supreme Court, in laying the matter to rest upheld the concurrent loss of Olobatoke’s suit at the Federal High Court, Lokoja and the Court of Appeal, Abuja last year and consequently dismissed the suit for being incompetent and lack of merit.
In their unanimous judgment, the five-man panel of jury, Justice Lawal Garba (PJ), Justice I.M.M Saulawa, Justice Helen M. Ogunwumiju, Justice Adamu Jauro and Justice Emmanuel A. Agim also held that the Sheriff and Civil Process Act 2004 does not apply to the Federal High Court, as such the trial Court ought not to have applied the Act in dismissing the Appellant’s originating Summons
On the request made by the Appellant to the Apex Court to hear and determine the Suit on the merit by invoking section 22 of the Supreme Court Act, the court declined the request on grounds that it was statute barred because the 180 days allowed by section 285 of the 1999 Constitution (As amended) has lapsed.
As such, the Court ruled that the Appellant’s suit cannot be remitted to the Federal High Court, Lokoja for a retrial.
The panel further said the Supreme Court cannot exercise a stale jurisdiction and thereafter struck out the Appellant Suit, having been caught up by section 285 of the 1999 Constitution as Amended, foreclosing the opportunity of the Supreme Court to look at the case on its merit.
It is important to set the record straight for the reading public, that the suit, challenging, Rt. Hon (Prince) Kolawole Mathew’s certificate has been struck out by the Supreme Court, thus putting paid to the challenge by Hon Segun Samuel Olobatoke in public to the INEC forms of year 2014, 2018, and 2022 in this pre-election matter.
In his reaction to the judgment, Kolawole dedicated his victory at all levels of the Court to the good people of Kabba-Bunu/Ijumu Federal Constituency.
He urged electorate in the constituency to continue to have faith in the ruling APC.
The Speaker expressed his appreciation to Governor Yahaya Bello for his fatherly support and for always being there for the party.
Kolawole said by the court’s judgment, the judiciary has once again proved to be the last hope of the common man.
