The Appeal Court sitting in Abuja, on Monday dismissed the suit filed in Baruwa vs APC and two others, contesting the eligibility of the Ogun State Governor-elect, Prince Dapo Abiodun, to contest the last governorship elections.
The Appeal Court Panel consisting of Justices Yahaya, Akomolade Wilson and Idris Kutigi, in the Appeal number CA/A/269/2019, in dismissing the action decided that the action arose upon submission of Form CF 001 submitted in Ogun State submitted on October 25, 2018 and published in Ogun State on October 9, 2018, therefore the legal action commenced on December 13, 2018 was “statute barred”. The Appeal Court pronounced that the trial court lacked jurisdiction to try the matter and the suit was consequently struck out.
The Court also found that the event complained about occurred in Ogun State, and that the mere fact that the affidavit was deposed to in FCT, Abuja, was not sufficient to confer jurisdiction on the trial court.
In all, the preliminary objection and cross-appeal by APC and Prince Dapo Abiodun, were upheld by the Appeal Court.