February 11, (THEWILL) – A federal high court sitting in Makurdi, Benue state capital, has struck out a suit filed by the defeated governorship aspirant on the platform of the Social Democratic Party (SDP), Dr Jeffrey Kuraun, challenging the emergence of James Mede, as the flag bearer in Benue state.
In suit number FHC/MKD/CS/131/22, which has been described as statute-barred, Dr Jeffrey Kuraun declared his intention to appeal against the judgement with immediate effect.
On October 18, 2022, Dr Kuraun initiated the action, challenging the candidature of James Mede, as the 2023 gubernatorial candidate of the Social Democratic Party (SDP), Benue State.
However, the Presiding Judge of the Court, Justice Abdul Dogo, in delivering the judgement, said the suit is statute-barred, as it was filled outside the 14 days stipulated by law.
According to the presiding Judge, the plaintiff’s cause of action is the alleged submission of the name of Mr Mede to the Independent National Electoral Commission (INEC) by the Social Democratic Party as its Governorship candidate in Benue state for the 2023 general election.
Justice Dogo noted that although the exact date for the submission of Mede’s name is not disclosed, it is obvious that the submission was before the publication of names. He, therefore, held that the plaintiff’s cause of action arose before October 4, 2022, when INEC published the final list of candidates for the 2023 general election.
“The instant suit was filed on 18th October. The suit was filed outside the 14 days stipulated by law”.
The Judge stated that “I find and hold that the court lacks the jurisdiction to entertain the suit because same is statute barred.”
He consequently declined jurisdiction, in agreement with Mede’s lawyers and struck the same out.
Reacting to the ruling, Council to the defendant, E. N. Tionsha, Esq, described the judgement as sound.
Holding the brief of D. Najime, Oko Pascal Adinya, who appeared with Ferdinand Kusugh and Bobby Tavershima, said the decision of the court will be considered with a view to deciding on the next line of action.
In a telephone conversation, Mr James Bemgbator Mede said the court ruling was a victory for democracy and advised his opponent to join hands with him in the course of the rescue mission of Benue state.
“Benue has suffered neglect and requires purposeful leadership this time around. This is not time for complaints, but the finding of solutions to emerging problems in the state.”
The SDP governorship flag bearer promised to place security, agriculture, youth and women empowerment, employment and job creation as a top most priority if voted into power as the next governor of Benue state.
