The Supreme Court of Nigeria has dismissed the lawsuit filed by Adebayo Shittu, former Minister of Communications, challenging his exclusion from the primary of All Progressives Congress during the governorship election in Oyo State.
The Supreme Court, in a unanimous verdict by a five-man panel led by Justice John Okoro, dismissed the suit for being statute-barred.
“This appeal is dismissed haven been withdrawn by the appellant and no objection and there is no order as at cost,” Justice Okoro said.
Shittu was prevented from running for the governorship position in Oyo State when it was revealed that he never did the mandatory one year National Youth Service.
The former minister, a member of the APC, had sued the party, seeking redress for allegedly being denied participation in the governorship primary in Oyo State.
His counsel, had, among other things, urged the court to determine whether the ground for disqualifying his client was lawful or in contravention of the constitution.
He argued that the constitution of the Federal Republic of Nigeria required anyone seeking to be a state governor to possess a maximum of Senior Secondary School Certificate and not necessarily an NYSC certificate.
Adebayo Ojo, the defence counsel, in his opposition to the plaintiff’s prayer, said that the matter was already a dead issue, and therefore, academic.
He appealed to the Federal High Court to strike out the suit on grounds that Shittu filed the case after the expiration of the 14 days stipulated by the law.
He argued that the APC constitution prescribes that aggrieved members must fully explore all internal crisis resolution mechanism before going to court which accounted for why he could not challenge the party’s decision in court within the stipulated time.