A federal high court in Ibadan has struck out the suit Adebayo Shittu, minister of communication, filed against the All Progressives Congress (APC) for disqualifying him from the Oyo state governorship race.
The APC had disqualified Shittu from the state’s governorship primary over his failure to partake in the one-year mandatory National Youth Service Corps (NYSC) scheme.
Following this, the minister had sued the party, seeking redress for being screened out of the primary election which held last year.
Shittu had argued that the 1979 constitution, under which he first contested for a political post, did not make it mandatory for anyone seeking an elective position to present an NYSC certificate.
He had prayed the court to determine whether the ground for disqualifying him was lawful or a contravention of the constitution.
But delivering judgement on Friday, P.I Ajoku, presiding judge, struck out the suit because Shittu did not file the case within the time stipulated by law.
“I must first consider the provision of section 285 of the constitution that makes it mandatory for all pre-election matters to be filed within 14 days of occurrence,” she said.
“This particular case was not filed within 14 days, but outside the date. Therefore, I will not bother going into the merit of the case.
“Haven’t failed to satisfy the dictates of the constitution, the matter is hereby, struck out.”
In his reaction to the ruling , Adebayo Ojo, the defence counsel, said the law has taken it due course.
“The judge acted by the 1999 constitution and it is a victory for democracy,” Ojo said.
