Yakubu Busari, Jos
The Jos division of the Federal High Court 2, on Friday, ordered the People’s Democratic Party (PDP), to submit the name of Anani Hamisu Muhamnad, as its House of Representative Candidate, for Wase Federal Constituency, to the Independent National Electoral Commission (INEC), seven days to the general election.
Justice Musa Kurya, said in his judgment, that the plaintiff has satisfied all conditions, having scored the highest number of votes during the party’s primary election, which returned Umar Rabo as winner.
The plaintiff has in an originating summons, in a suit no. FHC/J/CS/49/2018, challenged Umar S. Rabo, the PDP and INEC over exclusion of his name from the list of candidates submitted INEC by the PDP, as candidate for the House of Representatives.
The court in its judgment held that Umar Rabo, “the 1st defendant having not scored the highest vote cast at the primary election of Wase Federal Constituency cannot be said to have met the statutory procedure.”
“I so hold further that he was not validly nominated as a candidate for the 2019 election,”Justice Kurya ruled.
He said: “The party laws provides that a candidate with the highest votes cast at a primary election organised by NEC of a political party to the knowledge of INEC can approach the court for redress if he is excluded by the party.”
Justice Kurya further held that from available records before him, he was of the views that the plaintiff (Hamisu Anani), has satisfied all conditions having scored the highest votes and was issued with the requisite form CFOO1 and form EC4B, dated 17th October, 2018.
He said; it; “..qualifies him as eligible to have his name recognized, declared and submitted to INEC by the 2nd Defendant as her candidate for the 2019 general election for Wase Federal Constituency.”
The plaintiff counsel Barrister, Badamasi Adam, said the judge had in his wisdom evaluated all the issues they had raised before the court and resolved them in the plaintiff’s favour.
He added that considering the time frame for the National Assembly elections they; “..will try to make sure that the judgment went to the appropriate authority and to also ask them to make sure they comply with the law so that the plaintiff will be the candidate of the PDP.”
Similarly, the plaintiff Alhaji Anani Hamisu Muhammad, said; “I was in the court to seek for justice and Alhamdulliah, the justice has been done which I dedicate it to the masses (of Wase).
“I did that because if it is allowed, impunity will continue in the country. The court is competent as an institution of the rule of law in this country.
The plaintiff said he expects compliance with the court judgment and order.
“I appeal to the PDP, to obey the rules of law and submit my name to INEC,” he added.