A Federal High Court, Ibadan, yesterday struck out a suit filed by Communications Minister Adebayo Shittu against the All Progressives Congress (APC) over his exclusion from the party’s governorship primaries on account of his inability to produce evidence of participating in the one-year mandatory National Youths Service Corps (NYSC) scheme.
Justice P.I. Ajoku said the plaintiff failed to file the suit within the time stipulated by law.
The APC had excluded his name owning to his non-participation in the NYSC scheme after graduating from the university.
The minister subsequently approached the court alleging breach of his human rights.
Ruling on the matter yesterday,Justice Ajoku said the case was not filed within 14 days against the provisions of Section 285 of the constitution that makes it mandatory for all pre-election matters to be filed within 14 days of occurrence.
He said:”Therefore, I will not bother going into the merit of the case.
“Having failed to satisfy the dictates of the constitution, the matter is hereby struck out.”
In his reaction to the ruling , counsel to the respondents, Mr. Adebayo Ojo, said that the law had taken its due course.
“The judge acted by the 1999 constitution and it is a victory for democracy,” Ojo said.
Shittu’s counsel, Mr Abdulhakeem Mustafa, (SAN) had tendered a 38-paragraph affidavit and 13 exhibits to support his claims.
Shittu prayed the court to determine whether the action of his party to omit his name in the list of governorship aspirants was lawful or a contravention of the constitution.
Joined as respondent in the matter is the Independent National Electoral Commission (INEC).