The Supreme court court has struck out an appeal filed by a former chairman of the all progressive congress in kwara state for being incompetent.
In a unanimous ruling of a five man panel of the apex court delivered by justice Olukayode Ariwola The court held that the transmissions of the appeal was done outside the 14 days envisaged by the rules of court.
He adds that And that since rules of court are meant to be obeyed, the appeal having defaulted is incompetent and should be dismissed.
The appellant mister isola balogun-fulani is challenging the dissolution of his exco by the national chairman of the apc Mister Adams Oshiomole.
Mister balogun-fulani is contending that his exco has a four year tenure which had not expired before the national chairman of the party dissolved them and set up a caretaker community.
Mister Yusuf Ali on behalf of the appellant mister isola balogun – fulani argued that their appeal should be heard because it is a pre-election matter that has a lifespan of 60 days at the apex court and that it will expire on friday.
But counsel to the apc national chairman mister Akin Olujinmi opposed to the hearing of the appeal because according to him it is not an election matter, as such there is no urgency.
He adds that The case of the appellant is the dissolution of the state apc exco in kwara and has nothing whatsoever to do with the election.
Counsel to the apc Mister lateef Fagbemi aligned himself with the national chairman of the party that the appeal has nothing to do with the election other than challenge the powers of the national chairman of the party mister Adams oshiomole to dissolve the exco
Justice bode rhodes-vivour who presided over the five man panel stood down to decide on whether it is a pre-election matter or not.
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