22nd March, 2019
The Federal High Court Birnin Kebbi, has re-adjourned to March 29 a case challenging the validity of Sen. Bala Na’Allah’s candidacy for Kebbi South Senatorial District.
Alhaji Sule Sami has challenged Na’Allah’s validity to contest for a second term at the All Progressives Congress (APC’s) primary election conducted in October 2018.
The presiding judge, Justice Bassey Onu, adjourned the matter to enable him rule on the arguments on the motion by the counsels to the plaintiff and defendant.
In an interview after the sitting, the plaintiff’s counsel, Usman, said: “Its quite settled in law that the application seeking for the amendment of writ of summon and statement of claim shall be heard first.
“We wanted the court to disregard the submission of the defendant’s counsel and allow us to move our application first, considering the nature and days remaining in this case.
“Because the matter must be heard and determined within 180 days from the date of filing the case and this matter was filed on Nov. 1, 2018 and has only 38 days to expire now,” he added.
He expressed confidence on the court to determine the matter within the stipulated time required by law.
Also the defence counsel, Mr Afraimu Jingi, argued that the originated writ of summon sought to be amended was defective.
“So, it cannot activate the jurisdiction of the court, because in the first instance, I filed an application challenging the jurisdiction of the court in entertaining the matter before the court,” he said.
He also urged the court to discountenance the submission of the claimant counsel and uphold his submission.