By Vivian Okejeme, Abuja
An appeal filed by Professor Terhemba Shija, against Reverend Father Hyacinth Alia’s election as the All Progressives Congress (APC) governorship candidate of Benue State, has been dismissed by the Supreme court.
The 5-man panel of the Apex Court, led by Justice Inyang Okoro dismissed the appeal following its withdrawal by the Appellant on ground of being statute barred.
The court held that the Appallant failed to have instituted the suit within 14 days stipulated by section 285 of 1999 Constitution as amended.
At the proceeding, counsel to Professor Shija’s, Mr Kenneth Ikonne, in his argument insisted that the cause of action arose on May 28, 2022, while counsel to the APC, Matthew Burkaa SAN stood his ground that the cause of action emanated on May 26.
Arguing further, APC drew the attention of the Court to a letter of Professor Shija, complaining and dissociating himself from the events of May 26 and 27.
Although the Professor insisted that the cause of action arose on May 28, when the results of the primary election was announced, the content of his letter was used against him that he became aware of the cause of action on May 26 and ought to have instituted the suit within 14 days stipulated by section 285 of 1999 Constitution.
The appellant was advised to withdraw the matter as it was later established that the suit was filed outside 14 days allowed by law.
Consequently, the court, unanimously dismissed by the panel.
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