Benue: Court strikes out case against Herman Hembe

A High court sitting in Makurdi and presided over by Hon.Justice Samson Itodo has dismissed a pre election matter filed against Honourable Herman Hembe, representing Vandeikya/Konshisha Federal Constituency at the National Assembly.

In a 45 minutes ruling,the court agreed with the submissions of counsel to Hembe and APGA Messrs Demas Tsevende and Samson Blair Luga that the matter was statute barred pursuant to the 4th Alteration to the 1999 constitution by the lapse of 180 days.

This alteration to the constitution provides that every pre-election or election petition must be concluded within 180 days with the Judge delivering judgment, in writing, on the 180th day. Any day spent outside of this provision renders the matter statute barred.

The judge noted that despite the fact that the defence have joined issues with the plaintiff, there was no mathematical magic to give life to the suit as time had lapsed.

Both counsel for the defence agreed that the judgment of the court is unassailable.

Mr. Simeon Yongo had approached the court on the 21st December 2018 falsely claiming that he was the rightful winner of the All Progressives Grand Alliance (APGA) nomination and that his name was substituted with that of Hon. Hembe. He apparently abandoned the matter, hoping for Hon Hembe to win at the general election so that he could then ask the court to take the seat from Hon. Hembe and award it to him. As it turned out the constitutional requirement of 180 days caught up with the case on the 21st of June, 2019.

The APGA in their defence stated that Simeon Yongo was a stranger to the party nomination process. The party filed documents in support of Hon.Hembe’s valid nomination.

The court could however not proceeed to hear the case because it lapsed on the 19th June 2019 from the date is was filed.