However, Akpoti-Uduaghan through her counsel, John Usman , objected to the hearing of the suit on the ground that the originating summon was not endorsed as required by law.
The senior in his preliminary objection against the legal action relied on section 97 of the Sheriff and Civil Process Act to establish that the originating summon was incurably defective and incompetent having not been endorsed in line with provisions of the law. Besides the incompetence of the originating summon, Akpoti-Uduaghan had in her counter-affidavit averred that the primary election conducted on 25th May 2022 was monitored by the Independent National Electoral Commission and that she validly won, attaching the result, delegates list and INEC report.
Delivering his judgment, Justice Mallong agreed with Usman that the suit was improperly commenced and that the Court lacked jurisdiction to hear it and subsequently dismissed it in its entirety.All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express written permission from PUNCH.
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