Court strikes out Eselemo’s suit against Mutu’s candidature

A Federal High court sitting in Abuja has dismissed a suit by Prince Collins Eselemo, challenging the candidature of Nicholas Mutu, the Peoples Democratic Party, PDP, flagbearer for the Bomadi/Patani Federal Constituency in 2023 general elections.

Trial judge, Justice Omotosho Kolawole in his judgment described the suit as being frivolous and lacking in merit.

Eselemo, a House of Representative candidate for Bomadi/Patani Federal Constituency under the New Nigeria Peoples Party, NNPP, had claimed in the suit that Nicholas does not have a valid certificate and hence he’s not qualified to contest the 2023 general elections.

He, therefore, prayed the court to disqualify Mutu.

Justice Kolawole in his judgment held that the pplaintiff lacked the locus standi to institute the suit as he (Collins) was not an aspirant in the just conclude PDP primary elections and as such, does not have the right to challenge the nomination of Mutu.

The said that only those expressly mentioned in sec. 29(5) of the Electoral Act can sue based on that provision and nobody else.

The plaintiff according to the judge is a busy body and a mere meddlesome interloper.

The judge held that allegation of invalidity of the 1st defendant’s certificate has an element of crime and that the law is certain, that the proof of criminal allegations for forgery must be proved beyond reasonable doubt.

The judge added that the pplaintiff failed to produce the original or the alleged invalid false document for the court to examine, just relying merely on statements in affidavit without any form of proof that the 1st defendant’s certificate was forged, was not enough to prove the allegations beyond reasonable doubt.

The, therefore, dismissed the suit for lacking in merit.

Mutu, while reacting to the judgment, thanked God, adding that he has absolute confidence in the Nigerian judiciary in the dispensation of justice.