The Federal High Court sitting in Yola, Adamawa State on Wednesday, nullified the primary election of the APC for Uba/Gaya Constituency State House of Assembly.
The court has ordered the party to conduct fresh primary election within 2 weeks, for the purpose of producing a candidate for the assembly election in 2023.
Equally, the court in its verdict, ordered Hon. Mustapha Maigari, who purportedly emerged as the candidate of the party to desist forthwith from parading him as the party's flagbearer.
The presiding judge, Hon. Justice Anka, further declared the report of the Electoral Committee which declared Hon. Mustapha, as winner of the primary election as a nullity.
He held that the emergence of Hon. Mustapha, as candidate of the party amounts to imposition of candidate contrary to section 84(5) (c) of the Electoral Act.
"The proceedings of the APC Electoral Committee which adopted the 2nd defendant as candidate for the general election for Uba/Gaya constituency is hereby declared invalid, null and void and accordingly set aside". Justice Anka further held.
Hon. Mustapha Maigari, who represented Uba/Gaya at the assembly for 2 terms, was declared winner of the primary election conducted by APC on the 26th May, 2022.
Not satisfied with the exercise, an aspirant, Hon. Ishaka Iya Sule, who participated in the election sued APC, Hon. Mustapha and the Independent National Electoral Commission(INEC) and joined them as 1st, 2nd and 3rd defendants.
NEWS PLATFORM gathered that after the election, Hon. Ishaka and Hon. Mustapha scored 15 votes each out of the 30 cast, while Hon. Adamu Bako and Hon. Solomon Damana, got zero votes each.
It was gathered that based on the result of the exercise, there was no aspirant who scored the highest number of votes cast to emerge winner even as declared by the Electoral Committee that conducted the exercise.
While Hon. Ishaka, was waiting for re-run, the party forwarded the name of Hon. Mustapha to the electoral body as its candidate and fomerly congratulated him as the winner of its exercise.
After filing his petition to the committee, the plaintiff was later told that the committee left for Abuja, without a word on his appeal neither resolving the 15-15 tie between them, hence his suit praying the court to nullify it and order for fresh primary.
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