Court Dismisses Objection Of Alhaji Abdullahi SAN And Others

* Gadzama wins Round One, as Court Dismisses NBA’s Objection Hon. Justice Adeniyi of FCT High Court sitting in Apo, Abuja, today dismissed the preliminary objections of all the Defendants/Applicants in Joe-Kyari Gadzama SAN V. Alhaji Abdullahi & Ors in Suit No FCT/HC/CV/2364/16 challenging the outcome of the 2016 NBA Presidential election, for lacking in merit. Hon Justice Adeniyi resolved the issue of section 16 of NBA Constitution in favour of the Plaintiff (JK Gadzama). He also held that the suit disclosed a reason cause of action and that the principle in Foss v. Harbottle does not apply in d instant case. He therefore resolved all issues on jurisdiction in favour of the Plaintiff. Particularly, the Court held that the Defendants’ contention that it was the Federal High Court that has jurisdiction is a deliberate ploy to waste the time of the Court. However, the Court struck out the names of the 1st to 6th Defendants (NBA Trustees) who were sued individually since the 7th Defendant – Incorporated Trustees of NBA is a party to the suit. Legal Appearances are as follows; Chief S.T. Hon SAN & his team of lawyers appeared for the Plaintiff⁠⁠⁠⁠ (JK Gadzama, SAN Yunus Ustaz Usman SAN & a team of lawyers appeared for d 1st to 6th Defendants (1st, Alhaji Abdullahi,SAN, 2nd, Chief Wole Olanipekun SAN, 3rd Chief Thompson Okpoko SAN 4th- Chief Mrs Priscilla Kuye 5th – Alhaji Murtala Aminu OFR 6th – Chief Anthony Mogboh SAN 7th -7th Defendant is “Incorporated Trustees of NBA” Represented by N. A. Idakwo Esq 8th – Chairman, Ken Mozia SAN, 10th Hajia Safiya Balarabe 11th Mrs Amaka Ezeno 12th Mrs. Eucharia Pepple S. L Jimoh (Miss) appeared for 8th to 12th Defendants. 10th to 12th are members of the Electoral Committee of the NBA) J. S. Okutepa SAN & a team of lawyers appeared for 13th Defendant (grace infotech) Kojunsola Baiyesha (Miss) appeared for 14th Defendant (Augustine Alegeh, SAN) Murtala Abdulrasheed Esq & a team of lawyers for d 15th Defendant(A.B Mahmoud SAN.)]]>