The Supreme Court, yesterday, struck out an appeal challenging the dissolution of the state Executive Committee of the All Progressives Congress (APC) in Kwara by Adams Oshiomhole.
The appeal filed by chairman of the dissolved Executive Committee, Mr Ishola Funlani, was struck out on the ground that it lacked merit.
Justice Olukayode Ariwoola who delivered the ruling, held that the notice of appeal and manner it was brought before the court, violated section 14 of the fourth Alteration Act of the 1999 constitution.
The Supreme court specifically stated that the record of proceedings was transmitted from the Court of Appeal to the Supreme Court after 14 days required by law.
The court said that by failure to comply with the provisions of the law (section 14), the appeal had become incompetent in law and liable to be struck out.
The dissolved APC Executive Committee in Kwara through its counsel, Mr Yusuf Ali (SAN), had approached the apex court with a motion dated March 14, 2019.
The motion had prayed that court to hear the appeal of the Fulani led committee on the grounds that it was a pre-election matter, which must be decided within 60 days.
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Ali told the court that the 60-day allowed by law for the appeal to be heard by the court will expire on April 12.
However, counsel to Oshiomhole, Chief Akin Olujinmi (SAN) vehemently opposed to the hearing of the appeal, insisting that it was not a pre-election matter.
Olujinmi told the court that the appellant premised their case on misconception, adding that there was nowhere in the court processes they filed, where they made mention of participating in any primary election.
Lead counsel to the Caretaker Committee of the APC, Mr Lateef Fagbemi (SAN), drew the attention of the court to section 14 of the Fourth Alteration Act of the 1999 constitution.
He said the Act stipulated that the record of appeal must be transmitted to the Supreme Court from Court of Appeal within 14 days.
He maintained that from the evidence before the apex court, the record of appeal was transmitted outside the 14 days permitted by law.
Fagbemi argued that the appeal had become incompetent and therefore could no longer be heard by the Supreme court.
Justice Ariwoola, in the ruling unanimously agreed by the five man panel, upheld Fagbemi’s argument that the appeal was incompetent, having been filed outside the 14 days permitted by law.
