Federal High Court adjourns to 27th Feb,for ruling on ADC Guber.

Federal High Court adjourns to 27th Feb,for ruling on  ADC Guber.

By Giwa Alex, Jos

A Federal High Court sitting in Jos has adjourned to 27th February, 2019 for ruling on  pre-election motion filed by Richard Ponkap Bature against Joseph Bitrus both of the African Democratic Congress ,ADC, challenging the notice of preliminary objection border on the court jurisdiction whether to  entertain the case or not.

Counsel to the plaintiff ,Barr Nimnan Denden who filed the suit told the court that the matter was slated for hearing which all processes had been included in his counter affidavit.

He said the motion of experty dated 23rd January, 2019 pray to the honourable court to grant him the relief, citing the case of Dayo Vs PDP supra .Barr. Denden reechoed That the authority was on the point of law .

“The issue of petition risen again ,its contain that this honourable court has the jurisdiction to listen to all matters involving election in Nigeria weekly reports chapter one pages 414 of 6&7 reference to Jeff’s Vs Yopchom ,2014 part 1, 42 at 629,661 .

According to him, Hon Ponkap Bature in his statements of 21 paragraphs which is before the honourable court dated 14th December,2018 filed hereby adopted as his argument asking the court grant him the relief.

He told the court that in Joseph Bitrus counter affidavit dated as the 3rd defendant ,he has not complied to the party constitution which didn’t have any certificate of return from the ADC state chapter and he has never been card carrier of the party .

Barr. Denden urged the court to dismiss his claims because Joseph Bitrus was not a member of the ADC and he didn’t participate in the just concluded primaries of the party to warrant such ticket of gubernatorial candidate platform.

Meanwhile, Counsel to the 3rd defendant ,Barr Patrick Andrew Guzol the notice raise against his client on the issue of jurisdiction ,yes the federal High has the jurisdiction to listen to the matter but the matter is section 87 subsection 9,10 of the electoral act .

He explained further that a party have complain on election was approach wether the federal or state both the plaintiff determining which one to approach among the two  high courts can also entertain the suit .

If the choose that party seek the relief by the plaintiff determining which court to file the suit if any of the ruling touching on the misconduct on wrong doings of any federal agencies, than one can approach this court that is Federal High court but in the case Bature it was totally difference ,he added.

Barr Guzol further stressed that the complaint failed to  charges  the 1st ,2nd defendants while the 3rs defendant was the major issue of the plaintiff .