The Federal High Court Gombe has dismissed the certificate forgery case against the governorship candidate of the New Nigeria Peoples Party, Khamisu Mailantarki.
Our correspondent reports that the suit was instituted on August 4, 2022, by the Peoples Democratic Party and its governorship candidate Jibrin Barde, against the NNPP, the Independent National Electoral Commission, and Mailantarki.
Briefing journalists during the weekend in Gombe, his lawyer, Herbert Nwoye, described the attempt to have Mailantarki disqualified as baseless, “because they could not in any manner substantiate their claim.”
According to him, the PDP sought to have Mailantarki’s name removed from the list of candidates to contest the March 11 governorship election in Gombe State, adding that they perceived him as a threat to their aspiration.
He wondered why the alleged issues in the NNPP were of concern to the plaintiff.
The Lawyer explained that the judge dismissed the case, following the failure of the plaintiff to file their case within 14 days to the cause of action based on an extant provision in section 285.
“The court on Wednesday delivered its judgement dismissing the suit, sustaining the preliminary objection on account of locus standi. That the plaintiff didn’t comply with the requirements of section 285 which requires that such suits should be filed within 14 days from the time the cause of action accrued.
“The cause of action accrued from the time the primary of the NNPP took place because their contention was that the NNPP did not submit a list of its registered members which by law, according to them, should have been done 30 days before the election. The NNPP conducted its primary sometime in May and they did nothing until August 4. The court said from May to August 4, they lost their rights to institute the action and had it dismissed for noncompliance,” he added.
Speaking on what the recent judgement portends for his client, Nwoye said, “The court sustained our preliminary objection. Mailantarki is on a firm foundation as regards his competence, the legitimacy or otherwise of his candidature as the candidate of the NNPP for the governorship election in Gombe State.
“It portends brightness to his (Mailantarki) aspiration.”
