The Supreme Court has rejected a
suit seeking to sack Adamu Bulkachuwa, husband of the Court of Appeal’s
President, Justice Zainab Bulkachuwa.
A five-man panel of the apex
court in a judgment on Monday dismissed the appeal by Usman Tuggar, challenging
the election of Bulkachuwa as Senator for Bauchi North senatorial district on
the platform of the All Progressives Congress (APC).
Justice John Okoro, in the lead
judgment, dismissed the appeal by Tuggar against the judgment of the Court of
Appeal, Abuja delivered on June 11, 2019, which upheld an earlier judgment of
the Federal High Court, Abuja, to the effect that the suit was statute-barred,
having been filed outside the 14 days allowed by the Constitution.
Recall that the case,
filed by Usman Abubakar Tuggar, is an appeal against an earlier judgment by
Justice Ijeoma Ojukwu of the Federal High Court, Abuja in a suit marked:
FHC/ABJ/CS/1240/08 by Tuggar, also of the APC.
Tuggar, who claimed to have won
the APC primary election held on October 3, 2018 in his senatorial district
had, by the suit, challenged the APC’s alleged decision to submit Bulkachuwa’s
name to the Independent National Electoral Commission (INEC), in his (Tuggar’s)
place, as its candidate for the actual election held on March 23, 2019.
Justice Ojukwu, in her judgment
on April 18, 2019, upheld Bulkachuwa’s objection and struck out the suit on the
grounds that it was statute barred, having been filed outside the 14 days
allowed by the Constitution, a decision Tuggar appealed in the case slated for
hearing on Monday by the Appeal Court.
Tuggar, in the appeal, filed by
his team of lawyers, including Chike Okafor, faulted the judgment of the trial
court, which he said resulted from the court’s misunderstanding of his case,
particularly the cause of action.
He argued that the trial court
erred in law when it wrongly held that the applicant (Tuggar) filed the suit
outside the 14 days prescribed by Section 285(9) of the Constitution.
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