Ismail Adebayo in Birmin Kebbi
A Federal High Court in Birnin kebbi, yesterday nullified the election of Senator Adamu Aliero as the Peoples Democratic Party(PDP)’s candidate for Kebbi Central Senatorial District in the forthcoming general elections. The court ordered the Independent National Electoral Commission (INEC) to substitute Aliero’s name with Haruna Saidu as the substantive PDP’s candidate for the senatorial district poll in 2023 elections.
Justice Babagana G. Ashigar, who delivered the judgment, said Aliero was not validly elected in line with the provisions of the Electoral Act 2022.
According to him, the court nullified the election following the primary election conducted in the state by PDP in May which was marred by irregularities.
He also held that the PDP did not give fair hearing to Haruna Saidu following a petition on allegation of forged signatures.
The court held that he was not served with a copy of the petition brought against him.
The judge said INEC unlawfully excluded the plaintiff’s name (Saidu) from the primary participated by Aliero when he had won the first primary.
The judge therefore, declared that the primary that produced Aliero was a nullity. The judgment followed an application by Haruna Saidu against Senator Aliero, PDP and INEC
The judge also said Aliero has the right of appeal to the Court of Appeal and the Supreme Court if he was not satisfied with the court’s judgment.
Meanwhile, in another judgment by the same judge, the court invalidated the election of a former Senate Leader, Dr. Yahaya Abubakar Abdullahi as the PDP’s candidate for Kebbi North Senatorial District in the general elections.
The court declared the plaintiff, Hon. Sani Bawa Argungu as the rightful candidate of PDP for the senatorial race in the district. Argungu had sued the ex-Senate Leader, PDP and INEC to ask the court for the ticket.
He sought a declaration that by the combined provision of Section 84(5) ( c)(I) (II) of the Electoral Act 2022(as amended), Article 2, 50(1), (2), (c) and 50(4) of the Constitution of the Peoples Democratic Party(PDP ), 2017(as amended), Article 5(i)(ii) , 9(a) (d) and 11 of the PDP Electoral Guidelines for Primary Election and Articles 1,7.16 and 17(a) of the INEC Regulation for the Conduct of Political Party Primaries and the PDP Result Sheet for the party’s primaries for Kebbi North Senatorial District, the plaintiff who scored a total of 038 votes and became the first runner up at the PDP(2nd Defendant) primary for Kebbi North Senatorial District on the 24th Day of May 2022 is the lawful and validly nominated candidate of PDP for Kebbi North Senatorial District at the February 2023 polls.
He said he should be declared the PDP’s candidate since the initial candidate duly nominated withdrew his candidacy
He sought a declaration that he is the “duly nominated candidate of the 2nd defendant (PDP) for the Kebbi North Senatorial District , vide the result and declaration of the of the primary election declared on the 24” day of May, 2022 in view of the withdrawal of the candidate duly nominated.
He asked for a declaration that any other primary election purportedly conducted for the Kebbi North Senatorial District, aside the one validly conducted on the 24th day of May, 2022and monitored by the 3rd Defendant (INEC) is invalid, null and void and without any effect whatsoever.
He prayed for an order restraining PDP from forwarding the name of the 1st Defendant (ex-Senate Leader, Yahaya Abubakar Abdullahi ) and any other name to INEC93rd Defendant) as the winner of the primary election for Kebbi North Senatorial District save for that of the plaintiff herein.
He asked the court to issue an order that no other candidate for the 2nd Defendant (PDP) or any return at the February 2023 polls or whenever same must have been held for election in the Kebbi North Senatorial District, in respect of votes cast for the Peoples Democratic Party (PDP), shall be deemed a return of votes cast for the plaintiff at the election.
In a certified copy of the judgment, Justice Ashigar said: “The 3rd Defendant (INEC) is hereby ordered to accept and recognize the plaintiff (Sani Bawa Argungu) as the only lawful candidate of PDP for Kebbi North Senatorial District in the general elections.
