The Federal High Court on Thursday in Abuja struck out a suit which challenged the nomination of Gov. Godswill Akpabio as the governorship candidate of the PDP in 2011.
Chief Ime Mbatessien, a governorship aspirant on the platform of the party in the April 2011 election, had filed the suit against Akpabio.
Justice Adamu Bello held that the Supreme Court's declaration of Akpabio as winner of the election foreclosed the hearing of the suit.
``This suit has been overtaken by the judgment of the Supreme Court and it is, therefore, struck out,'' he said.
At the resumed hearing, Mr Ahmed Attah, counsel to the plaintiff, said that the case was billed for mention.
``I need an adjournment to get further instruction from my client on the possible withdrawal of the suit because it is no longer necessary.
``The recent judgment of the Supreme Court, which upheld the election of Akpabio, took the life out of the suit,'' he said.
Mr Nsikak Udo, counsel to the governor, opposed Attah's submission, adding that the suit lacked substance.
He said the plaintiff had not deemed it fit to serve his client with the originating summons five months after the suit was filed.
Udo added that Akpabio had only appeared in the matter in view of the hearing notice served him.
``The rules of the court were not followed by the plaintiff.''
Mr Ahmed Musa, counsel to PDP, another defendant, urged the court to strike out the suit as ``adjourning the matter gives hope and life to it.''
``The suit should be struck out in view of the Supreme Court's decision conferring legitimacy on the election of Akpabio,'' Musa said.
The plaintiff had prayed the court to install him as the rightful governorship candidate to contest the election on the platform of the party.
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