Court of Appeal dismisses Action Alliance appeal against Tinubu’s candidacy

The Court of Appeal sitting in Abuja on Friday, dismissed an appeal filed by Action Alliance against Independent National Electoral Commission, All Progressives Congress & Senator Bola Ahmed Tinubu in Appeal No: CA/ABJ/CV/ 1475/ 2022.

The appeal which was filed December 21, 2022 prayed the appellate court to set aside the judgment of the trial court delivered on December 13, 2022 where the court held that the suit of the Plaintiff is statute barred. 

In defense of the appeal, the law office of Babatunde Ogala (SAN) & Co on behalf of the APC filed the Brief of Argument and a Notice of Preliminary Objection on the following grounds:

a.           That the Appellant Brief of Argument is statute barred, and

b.           That the appeal is academic.

On February 3, when the appeal came up for hearing, Julius O. Ishola, Esq of Babatunde Ogala & Co, on behalf of the APC, adopted the Notice of Preliminary Objection and 2nd Respondent Brief of Argument filed and prayed the Court to dismiss/strike out the appeal for lacking in merit.

Counsel to the Appellant in reaction to the Notice of Preliminary Objection and 2nd Respondent’s Brief of Argument filed an Appellant Reply Brief and adopted same in urging the Court to dismiss the objections filed and allow the appeal.

The Court of Appeal in a unanimous judgment agreed with learned counsels to both the 2nd and 3rd Respondents and subsequently dismissed the appeal for being statute barred having filed more than 22 years from the occurrence of the purported cause of action. The Court also found that the Appellant lacked locus standi to institute the suit and described it as a meddlesome interloper. On the whole, the Appellate Court affirmed the decision of the trial court delivered on the 13th of December, 2022.