The Federal High Court in Ibadan on Friday struck out a suit filed by the Minister of Communications, Adebayo Shittu, against the All Progressives Congress for preventing him from contesting the Oyo State governorship primary election for not possessing the mandatory National Youth Service Corps certificate.
Bayo Adelabu eventually emerged as the party’s candidate in the March 9 governorship election won by Seyi Makinde of the Peoples Democratic Party.
Shittu, who was not happy with his exclusion from the primary, headed for the court to challenge his party’s decision.
Justice P.I. Ajoku struck out the case, saying Shittu did not file the case within the time stipulated by law.
“I must first consider the provision of Section 285 of the Constitution that makes it mandatory for all pre-election matters to be filed within 14 days of occurrence.
“This particular case was not filed within 14 days, but outside the date.
“Therefore, I will not bother going into the merit of the case.
“Having failed to satisfy the dictates of the Constitution, the matter is hereby, struck out.”
In his reaction, the defence counsel, Mr Adebayo Ojo, a former Attorney General and Commissioner for Justice , Oyo State, said the law had taken its due course.
Shittu had prayed the court to determine whether the decision to stop him from taking part in the primary was lawful or a contravention of the constitution.
Joined as respondent in the matter is the Independent National Electoral Commission.