By joshua 
By Muhammad Usman – Abuja
It will be recalled that shortly after the publication of names of persons sponsored by the various political parties in Nigeria for 2023 National Assembly in Nigeria on the 24th of June, 2022, the name of the Speaker, Rt. Hon. Matthew Kolawole was missing on the published list even though he was the candidate sponsored for Kabba- Bunu / Ijumu Federal Constituency in the most anticipated 2023 general election.
Having been convinced by decided authorities of the supreme Court of Nigeria and the provisions of section 29(1) of the Election total Act, 2022 that his political party, the All Progressives Congress(APC) is still within time to enlist his name and particulars as candidate for the kabba- Bunu/ Ijumu Federal Constituency, he approached Federal High Court of Nigeria, Lokoja via Suit Number FHC/LKJ/CS/35/2022 for an order of Court for his name to be published having scored the highest valid votes in the primary election of May 27th , 2022. While the trial was on , Mr. Olobatoke Segun Samuel and Chief David Shola Aiyedogbon(Chavid) filed two separate motions to join the suit as an interested parties, having participated in the primary that produced the plaintiff, the said motions was brought pursuant to Order 9 Rule 5 of the Federal High Court Civil Procedure Rules, 2019 which was heard and determined against the demand of the two co- aspirants with an award of #250,000 cost each to parties, the ruling of Justice Hoomuk Mallong on 28th of July, 2022 was the reasons for these appeals CA/ ABJ/CV/ 876/ 2022 and CA/ABJ/867/2022 respectively filed by Mr. Olobatoke Segun Samuel and Chief David Aiyedogbon at the Court of Appeal, Abuja.
The Court of Appeal, Abuja having entered the appeals and hear parties on their grievances on the decisions of the trial court, threw Olobatoke Segun Samuel Appeal out on the two grounds, that the trial judge was right to have held that the appellant has no questions to answer in the case, while his complaint on the awarded cost of #250,000 payable to parties at the trial, the appeal court held that the appellant can not ventilated the issue on warded cost before the court of Appeal for failure of the appellant to first seeks any obtained leave of court to appeal same as provided in the 1999 constitution as the argument of the appellate counsel on the need to meet up with time stipulated in section 289(9) is of no moment to the court and cannot assist him. The court of Appeal thereafter find, Mr. Olobatoke Segun Samuel appeal unmeritorious and threw it out , there upon awards further cost of #100,000 payable to 1st and 3rd Respondent, All Progressives Congress.
The Court of Appeal not yet done, also gave her judgment in Appeal Number: CA/ABJ/ CV/867/2022 filed by Chief David Shola Aiyedogbon who was present in court on the day for the adoption. unfortunately, his hope and appeal suffered same defeat for being an incompetent appeal emanating from incompetent grounds.
The court of Appeal retreated her similar decisions in decided caes, that the court is not constituted to aid or extend hands of fellowship to any of the parties before it by assisting him or her to carry out a surgical operation of that part of incompetent grounds or issues by excising the defective part from it. To make worst of Chief David Shola Aiyedogbon’s case, the court of Appeal re affirmed the trial court decision, that the case he intend to agitate if joined by the lower court is statute barred, having been caught up by the limitations provisions of section 285(9) of the 1999 constitution of Nigeria (as amend) and asuch no reliefs can be sought in Nigeria court inview of his complaint, the court further upheld the cost of #250,000 earlier granted by the rial court , appellant having failed to seek leave of court to complain same, the appeal court in additional award #100,000 cost payable to 1st and 3rd Respondent, All Progressives Congress against Chief David Shola Aiyedogbon.
Speaking to our correspondent in Abuja, immediately after the judgement, Hon Matthew Kolawole expressed his confidence in the Nigeria Court, importantly the appellate courts in doing justice in all electoral issues, and further admonished his teaming supporters to be at rest and law abiding, that his assurance of being confident of the Nigeria Judiciary few days ago in doing justice to Kabba-Bunu/ Ijumu Federal Constituency ticket of the All Progressives Congress (APC) has matured and that justice is now being served.