A Federal High Court in Abuja has excused a suit that tested the development of Oluwarotimi Akeredolu as the up-and-comer of the All Progressives Congress (APC) in the last governorship political race held in Ondo State.
Equity Inyang Ekwo, in a judgment on Wednesday, held that the suit documented by Mrs. Olajumoke Anifowoshe was rule banned because being a pre-political decision matter, it was documented external the 14 days gave in Section 185(9) of the Constitution.
Equity Ekwo held that, despite the fact that the suit, checked: FHC/ABJ/CS/881/20200, which tested the result of the APC’s governorship essential political race hung on July 20, 2020 was initially recorded on July 26, 2020 (inside 14 days after the event of the reason for activity), it was wrongly started when the offended party decided to sue the Governor of Ondo State as against Akeredolu face to face.
The adjudicator said the alteration affected by the offended party on the starting summons, to substitute the gathering named as first respondent – the Governor of Ondo State – with Oluwarotimi Akeredolu, was done on August 13, 2020 external the 14 days permitted by the Constitution.
The appointed authority said the alteration of the starting cycle to substitute gatherings over the span of the suit, would have been all together on the off chance that it was finished by the offended party inside the 14 days took into account the beginning of pre-political decision cases under Section 185(9) of the Constitution.
The adjudicator blamed the contention by the offended party that the membership of the Governor of Ondo State with Oluwarotimi Akeredolu (as the main litigant) was a simple misnomer.
Equity Ekwo said since the first suit was faulty, the amendment/replacement affected by the offended party outside the intrinsically specified 14 days can not be viewed as misnomer.
“Misnomer has to do with a revision of typographical mistake, not where a gathering is subbed. The replacement of a gathering throughout procedures is outside the domain of the idea of misnomer,” the appointed authority said.
He noticed that the Governor of Ondo State isn’t equivalent to Akeredolu, and that while the previous is an office, the later is a person.
The appointed authority added that it was Akeredolu who partaken in the essential, whose result was being tested, and not the Governor of Ondo State prior sued by the offended party before the change was affected on the beginning summons.
Subtleties in the blink of an eye…