By Amos Aar
THE Makurdi Division of the Federal High Court presided over by the Honourable Justice Abdul Dogo has struck out the suit instituted by Chief Barnabas Gemade against the All Progressives Congress (APC) challenging the primary election that produced Rev. Fr. Hyacinth Iormem Alia as the 2023 governorship candidate of the party in Benue State.
Delivering judgement on the preliminary objection of the APC and Rev Fr Alia on Friday, Justice Dogo said the plaintiff has locus standi and has shown enough reasons why his suit should be heard.
Justice Dogo also answered the question asked by the defendants whether the court has jurisdiction to hear the matter in the negative against the defendants.
The court however found out that Chief Barnabas Gemade’s suit was filed out of the 14 days required by law for filing of pre-election cases.
Justice Abdul Dogo said for the purpose of appeal, he proceeded in examining the claims by the plaintiff in his substantive suit and concluded that the documents and evidence relied upon by Chief Barnabas Gemade were worthless and hear-say evidence.
The judge further held that Chief Barnabas Gemade failed in proving his case as it is settled position that he who alleges must prove.
The judge therefore ruled that the substantive suit lacked merit and struck it out accordingly.
The dismissal of Chief Gemade’s suit has marked the end of series of litigations against Fr Alia unless the plaintiffs proceed to Appeal Court.
