A Yola based Federal high court, has ordered INEC to withdraw certificate of return from APC reps elect, and issues same to PDP candidates.
Justice Abdulaziz Anka, based his judgement that, All Progressives Congress (APC), did not field a candidate for Yola-north, Yola-south and Girei federal constituency.
Anka directed the electoral umpire in the state, to withdraw the certificate of return earlier issued to Abdulra’uf Modibbo of APC and issue same to the runner-up in the race Jafar Ribadu the PDP candidate.
Barrister Yahaya Dangana, counsel to the plaintiff said he represent the plaintiff in four consolidated cases in the case of Lawal Abubakar, Saad and host of others.
He said the primary was adjudged to be inconclusive coupled with what transpired and a petition was written to the appeal committee of the APC that the primary be visited again.
“Instead of looking into it, the APC appeal committee went ahead and sit with the NWC and forwarded the name of one Abdurrauf as the candidate of the party.
“Since there was a petition that was not addressed, we run to the court to say that the primaries which were inconclusive cannot produce a candidate
“The effect of the judgement as the court directed is that if at all any certificate of return has been issued, to the candidate of the APC, that won the election, same should be withdrawn by INEC and issued to the candidate of the PDP being the runner-up in the general election,” he said.
Also commenting, counsel to the respondent, Barr. Samuel Atung said his client was successful since all the cases were dismissed adding that on that premise, they will not appeal the judgment.
“But there are certain aspects that we may cross appeal that is depending on when the plaintiffs themselves appealed, otherwise, the judgement favoured Abdurrauf.
“There were preliminary objections we filed which the court upheld to the effect that there was alteration to the constitution by the national assembly which stated that any aggrieved party who intends to go to court pursuant to section 87 of the electoral act must do same within 14 days.##
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