Court sacks Aliero, orders INEC to confirm Saidu as Kebbi PDP candidate
Nullifies Nuhu’s nomination in Kano
The Court of Appeal, Sokoto Division, has struck out the suit filed by Sen. Adamu Aliero of the Peoples Democratic Party (PDP) challenging the decision of the Federal High Court on the party’s primary election in Kebbi State.
Delivering judgment, yesterday, in Sokoto, Justice Mohammed Danjuma upheld the ruling of Justice Babagana Ashigar of Federal High Court, Birnin Kebbi, which produced Haruna Saidu as PDP candidate.
The respondents are PDP and Independent National Electoral Commission (INEC).
Justice Ashigar had, on September 27, 2022, upheld the primary election that produced Saidu as senatorial candidate for Kebbi Central.
The appellate court judge said he perused all the arguments presented by different counsel, citations of court judgments and other judicial considerations to arrive at the decision.
Saying the eight appeal grounds were considered, he dismissed the suit for lack of merit and upheld the lower court’s judgment.
Saidu commended the judiciary “for promoting the country’s democracy.”
He urged PDP supporters to rally round all the party’s candidates to win the 2023 general elections.
SIMILARLY, the Appeal Court, Kano Division, has nullified the nomination of Danburam Nuhu as Kano Central senatorial candidate of PDP.
Thus, it upheld the outcome of the primary conducted by PDP factional chairman, Shehu Sagagi, which produced Laila Buhari.
Buhari had challenged the nomination and subsequent recognition of Nuhu, who was representing Dala in the House of Representatives, by INEC.
Nuhu is a loyalist of the Aminu Wali faction of Kano PDP.
Prior to the latest verdict, the Federal High Court in Kano had dismissed the case filed by Buhari for lack of jurisdiction, explaining that it was filed in Kano instead of Abuja, contrary to the policy of the National Judicial Council (NJC) on pre-election matters.
Dissatisfied with the ruling, Buhari proceeded to a higher court seeking the nullification of Nuhu’s candidacy and recognition of the parallel PDP primary that produced her.
In the judgment delivered by Justice Ita Mbaba, the appellate court set aside the decision of the trial court, saying it erred in dismissing the case on that premise.
According to the judgment, hearing the substantive case on its merit as it was filed by way of originating summons, the court held that in a pre-election matter, the Federal High Court Rules and the Constitution should prevail over the NJC policy.
Therefore, the court ordered INEC to immediately substitute Nuhu’s name with Buhari’s as the PDP candidate for Kano Central.
Dissatisfied with the ruling, Nuhu’s counsel told The Guardian that his client would not hesitate to challenge the verdict at the Supreme Court.