Kogiflame
By Joseph Aminu – Lokoja
Federal High Court of Nigeria sitting in Lokoja has slammed the Peoples Democratic Party (PDP) #2, 000, 000 ( Two Million Naira) cost for crossing red lines in the suit between Matthew Kolawole Vs. Independent National Electoral Commission (INEC) & one other
Hon. Justice Peter H. Mallong of the Federal High Court of Nigeria, Lokoja has thrown out the applications of the main opposition party, People’s Democratic Party (PDP) seeking to be joined as an interested party in suit Number: FHC/LKJ/CS/35 / 2022 filed by Matthew Kolawole inwhich he seeking the Order of Court directing the All Progressives Congress (APC) and Independent National Election Commission (INEC) to upload his particulars as the duly elected candidate of the ruling All Progressives Congress in the primary election held on the 27th May, 2022 having scored the highest valid voted thereupon nominated as approved by the National Working Committee of the All Progressives Congress for Kabba-Bun/Ijumu Federal Constituency in the forthcoming general elections in 2023.
The cost imposed on Peoples Democratic Party for strolling into the court and filed a motion on notice to join the internal affairs of the All Progressives Congress (APC), the facts in issue was whether the applicant is a necessary party contemplated in view of the provisions of Order 9 rule 5 of the Federal High Court, Civil Procedure Rule, 2019 or whether or not the applicant has questions to answer in the said suit in the circumstances of the questions contained in the plaintiff’s originating summons.
Upon hearing of the applicant and parties to the suit, the court refused the application for joinder made by Peoples Democratic Party thereafter award the sum of #1, 000,000 (one million naira) against the Peoples Democratic payable to All Progressives Congress (APC) and the plaintiff in the suit.
In another breath, Hon. Olobatoke Segun Samuel, and Chief David Aiyedogbon (Chavid), who are aspirants in the just concluded primary subject of this suit and had earlier in the suit got cost against them in the sum of #200,000 payable to all parties in the suit, had their motion on notice for stay of proceedings in the suit slated for 26th of August, 2022 was called for hearing, thereafte ruling was hand down therein the court refused the application inline with the strong opposition put up by the Plaintiff counsel and the legal representatives to the All Progressives Congress to the effect that a non party to a suit can not stay a proceedings in pre- election matters in view of the 4th alteration to the 1999 constitution of the Federal Republic of Nigeria, as (amended)
Particularly section 285 (9), to the effect that the court has 180 days to hear and determine the plaintiff suit by the said provisions.
The trial Judge in his ruling refused applicants- Olobatoke Segun Samuel and David Aiyedogbon (Chavid) motion to stay the proceedings relying on the facts that they are not party to the suit and the proceedings is time bond, the cost of #250,000 each was award payable individually to the plaintiff and 2nd Defendant, All Progressives Congress (APC) for their troubles.
The court, then proceeded to hear the main suit, thereafter reserved judgement to a date to be communicated to all parties to the suit.
