15th July, 2019
The Supreme Court on Monday dismissed a suit filed by Usman Tuggar of the All Progressives Congress (APC), seeking to sack Adamu Bulkachuwa also of the APC, as the Senator elect for Bauchi North Senatorial District of Bauchi State.
Tuggar, who through his counsel withdrew his cause of action, claimed he won the APC primary election held on Oct. 3, 2018 in his senatorial district.
Justice Jonn Okoro in his judgment, held that the case was statute barred and therefore dismissed the motion on notice brought to the apex court by Tuggar.
His appeal was challenging the APC’s 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.
The supreme court 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.
Tuggar, in the appeal, faulted the judgment of the appeal court, which he said resulted from the court’s misunderstanding of his case, particularly the cause of action, saying it 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.