Gamade is not our member – Benue APC tells court

The Benue State chapter of the All Progressives Congress APC has asked the Federal High Court sitting in Makurdi to strikes out the suit of Chief B. A. I. Gemade against them because he is not a member of the All Progressives Congress APC and that his Name can not be found anywhere in their Register.

The APC counsel, Mathew Burkaa SAN said after thoroughly perusing the bulky register of the party members in Benue State what they could find on their Register is “Barnabas Gemade” and that is not the person suing before the court.

Counsel to Reverend father Hyacinth Alia Dr. Usman Sule SAN in his submission said the plantiff’s has failed to exhibit his membership card of APC anywhere in his Originating summons to show that he is a member of APC. The learned Silk submitted further that the only way the plantiff’s should have come before the court is through participation in the Primaries and by showing membership card and for saying election did not hold and results were written means he did not participate in the primary election.

The two Learned Silk for the defendants jointly submitted again that the plantiff has filed his suit out of time and should be Dismissed.

Reacting, the learned Silk to the plantiff Jubrin Okutepa said APC started their Primaries on the 27th of may and concluded on the 9th of June and plantiff filed his case on the 10th of June as such can not be said to be out of Time which the law gives as 14 days. He urged the court to dismiss the first defendant submission.

Learned Silk to the first Defendant furthermore ask the court to strike out the following paragraphs from the plantiff reply on point of law, paragraph 17.0, 18.0, 19.0 20.0, 21.0, and 22.0 because the plantiff’s case is centered on section 77 of the constitution and 84 of the electoral act as such the paragraphs are not relevant to his case.

Learned Silk to Rev Father Hyacinth Alia, Dr. Usman Sule SAN aligned himself with the submission of the first Defendant and added that Chief B. I Gemade can not come to court and be shifting Goal Post that he must be consistent in his case.

He added further that Chief B.A. I Gemade has not shown were he was screen and certified by the primary election screening committee to contest the said primary election he is challenging in court.

Rev Father Alia counsel said the case of the plantiff’s is that of hear say and section 115 of the evidence act is against that and ask the court to dismissed the suit with substantial cost on the plantiff.

Responding when asked by Justice Abdul Dogo, Counsel to Independent National Electoral commission INEC KN Collins said he is a neutral party in the matter as such he is looking forward to what the Court will say at the end.

Justice Abdul Dogo reserved judgement to be delivered on a later date which will be communicated to parties involved in the suit.

 

(Credit: Akume Raphael)