The Appeal Court Yola Division has put to rest the protracted legal battle on the Peoples' Democratic Party(PDP) ticket for Adamawa Central Senatorial District in the scheduled February, 2023 general election.
This followed the invalidation of the Federal High Court verdict which annulled the PDP primary election conducted on the 23rd May, 2022, where the Speaker of the House of Assembly, Rt. Hon. Aminu Iya Abbas, was declared winner.
The trial court in its judgement delivered on the 8th November, 2023, voided the candidacy of Iya Abbas, and equally barred the party from fielding a candidate in the in the general elections.
In its judgement in suit instituted by Ibrahim Mustapha, an aspirant in the primary, Hon. Justice A. M. Anka, restrained the Speaker from parading himself as the candidate of the party.
He declared the entire primary election null, void and illegal on ground of the participation of Auwal D. Tukur, who did not resign his appointment as the Chairman Governing Council of the Adamawa State University(ADSU) Mubi, before contesting.
The lower court judge relied on section 84(12) of the Electoral Act 2022 and voided the election. The section provides thus: “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election”.
In clear terms, the act stipulates that anyone holding a political office – ministers, commissioners, special advisers and others – must relinquish the position before they can be eligible to participate in the electoral process either as a candidate or as a delegate.
Equally, section 84 (13) says where a political party fails to comply with the provisions of this act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.
Not satisfied with the court's decision, the Speaker filed an appeal before appellate court and prayed it to upturn the verdict and reinstate him as the standard flagbearer.
He joined the embattled Ibrahim Mustapha, PDP, Independent National Electoral Commission(INEC) and Auwal D. Tukur, as 1st, 2nd, 3rd and 4th respondents in the appeal.
The Speaker's appeal and 3 others lodged by Ibrahim Mustapha against Iya Abbas (Speaker) and 3 others, Ibrahim Mustapha verses PDP and 3 others, Auwal D. Tukur verses Ibrahim Mustapha and 3 others were heard.
After consolidated hearing by appellate court presided by Hon. Justice H. A. Abiru, on the 19th January, 2022, the suits were reserved for judgement.
NEWS PLATFORM recalled that in his appeal, the Speaker prayed the court to allow his appeal, nullify lower's judgement and restore him as the nominated and duly elected candidate of the PDP for the District.
In its judgement on Friday, the appeal court allowed the appeal, set aside the decision of lower court and ordered the PDP to forward the Speaker's name to INEC as the duly nominated and elected candidate of the party.
Hon. Justice Mohammed Lawal Abubakar, of the court of appeal who delivered the judgement, further declared that the trial court erred to have invalidated the primary election.
Justice Lawal, held that section 84 sub section 12 of the Electoral Act is against section 42(1a) of the 1999 Constitution and that trial court ought not to have invoked the section and voided the exercise.
The section provides that a citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person and be subjected either expressly by, or in the practical application of, any law in force in Nigeria.
It further stipulates that such a person shall not be subjected to any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject.
He declared that the appellant cannot be disqualified on the issue of participation of Auwal D.Tukur, because the Constitution supercedes every act.
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