COURT rulings emanating from the party primaries are reshaping the contest for governorship and National Assembly seats in a number of states in ways that could make the elections not only less competitive but a walkover for the party with court-acquired advantage.
A breakdown of the some of the rulings, which are mostly filed by aggrieved aspirants unhappy with the outcome of party primaries and seeking redress, end up with the disqualification of their own parties, favouring the opposition, which is usually the ruling party in the states.
This is just as the Independent National Electoral Commission (INEC) has said it has amended its list of candidates for governorship and National Assembly seats on the basis of court rulings.
INEC’s national commissioner for voter education, Festus Okoye, who spoke with the media yesterday, said the commission had substituted at least 126 names based on court orders.
He also said some sanity had been brought to court processes regarding election issues because of the new electoral act. Okoye said that only the Federal High Court had jurisdiction over pre-election issues now unlike in the past when any state court in any part of the country could hear a case from another part of the country.
Similarly, the director of legal drafting and clearance at INEC, Oluwarotimi Babalola, said the commission had been served with 56 court orders in respect of the nomination of candidates and had also received over 100 complaints.
Overall, 15,333 candidates were nominated for various elective offices by the political parties, while 1,435 were substituted.
It is cases where the courts are disqualifying an entire political party and its aspirants, including the one who filed the cases in court that are raising eyebrows.
In Rivers, Adamawa, Taraba, Akwa Ibom and Abia, all states ruled by PDP, the courts have either disqualified the governorship candidates of the APC or cancelled the party primaries.
The opposite is true in states like Zamfara where the PDP has been disqualified from the governorship election and in Kebbi where the party has had a number of its National Assembly candidates disqualified.
Stakeholders who spoke with LEADERSHIP Weekend have expressed concern about the competitiveness of elections in Nigeria should these rulings be upheld in the upper courts.
The ruling have also led to debates over the role of the courts in the electoral process in the face of previous rulings by the Supreme Court affirming that the issue of candidature is an internal party issue.
Some lawyers, who spoke following the nullification of some party primaries across the country, said the courts have the powers to intervene in internal affairs of political parties where there are irregularities.
According to them, politicians will always fail to play by the rules and that is where the court comes in.
Abdul Balogun, a Senior Advocate of Nigeria, said the law gives the court the powers to intervene in the affairs of political parties where the laws guiding their affairs are not followed.
According to him, “Until the political parties learn to do what is right in the conduct of their affairs, the court will not cease to intervene. The law gives the court the powers to intervene where there are irregularities.”
A Kaduna-based lawyer, Barrister Silas Bello, concurred the position of his senior colleague.
According to him, democracy cannot thrive where the laws are not tested in court.
“As the law is being tested in court, democracy grows. Some of these cases that are decided in court one way or the other enhance jurisprudence. There is no way we can grow in the practice of democracy in the country, if the court is not allowed to determine some of these cases”, he said.
Barrister Linus Okejeme advised politicians to follow laid down rules and regulations in the conduct of their party affairs.According to him, this will curb unnecessary litigations and waste if resources.
A lecturer at the Department of Political and Administrative Studies, University of Port Harcourt, Dr. Obinna Nwodim, has said the ruling PDP in Rivers State will not have a serious challenger in the 2023 governorship elections if the Court of Appeal fails to upturn the judgement of the Federal High Court, disqualifying all the candidates of the APC.
Nwodim, who disclosed this while speaking with LEADERSHIP Weekend in Port Harcourt yesterday, however said the current situation of APC will not affect the fortunes of the party’s presidential candidate, Senator Ahmed Bola Tinubu.
He said: “What happened in that case in Rivers State is actually going to be a repetition of what happened in 2019. The electoral space is supposed to give all existing political parties a level of competition.
“Now, the APC is the major opposition party in Rivers State, so if APC is not on the ballot, what happens now is the PDP may not have serious challenge and, you know, democracy is all about competition – giving the electorate the opportunity to choose between alternatives, who to vote for and who not to vote for.
“Now, in this case, you see a major opposition political party not participating in the election. It doesn’t augur well for a strong electoral process at the end of the day. You will now see that the ruling party will now slug it out with the smaller emerging political parties, which is not the best for our democracy.
“For Rivers State, I doubt if it is going to affect the outcome of the presidential election because you know that APC has a structure on ground.
“Even if they are not there, the structure there will actually work for their presidential candidate. The only thing that will happen is that if they are not on ground, the state candidates will not participate.”
Zamfara
Zamfara state chapter of the PDP has filed appeal before the Court of Appeal Sokoto.
The deputy chairman of the PDP, Hon. Mukhtar Lugga disclosed that another motion was filed for a stay of execution of the Federal High Court order banning the party’s gubernatorial candidate from contesting the 2023 election.
He faulted the decision of the lower court for disqualifying the party’s candidate.
Lugga expressed hope that the Appeal Court would grant their application and allow the PDP to partake in the forthcoming election.
On its part, the APC spokesman, Yusuf Idris, absolved APC from any interference in the disqualification of the PDP candidates by the Federal High Court, Gusau.
Adamawa
In Adamawa State, there is uncertainty over APC guber candidate as Appeal Court reserves judgement in suit by Ribadu and Binani
It is all smiles for the PDP and Governor Ahmadu Fintiri as there is uncertainty whether APC would have a governorship candidate to contest the 2023 governorship seat in Adamawa. The Appeal Court reserved judgement in the suit filed by former EFCC chairman Nuhu Ribadu and Senator Aisha Binani who are in a legal tussle over the ticket.
The Yola Division of the Court of Appeal on Monday reserved judgment in the appeals filed by the Nuhu Ribadu and Aishatu Binani of the APC
The appeals were instituted by Nuhu Ribadu, Aishatu Binani and the leadership of the party in the state.
The panel led by Justice Tani Hassan Yusuf, after hearing the appeal, said the court would communicate the date for judgment to the parties.
In his appeal, Ribadu is asking the court to allow his appeal as well as set aside the judgement of the Federal High Court delivered on the 14th October, 2022.
Counsel to Ribadu, M. Dikko (SAN) asked the court to direct APC to conduct a fresh primary election to enable him participate in the exercise ahead of 2023 general election.
Dikko alleged that the lower court erred in law for declining to order a fresh primary even after finding out that the primary election was replete with overvoting in clear violation of the party’s guidelines.
On her part, Sen. Binani, through her lead counsel, Chief Akim Olujinmi (SAN), prayed the court to declare her the lawful candidate of the APC in the forthcoming governorship election.
On its part, the APC urged the court to dismiss the suit instituted by Ribadu and reinstate Binani as its governorship candidate.
LEADERSHIP Weekend recalls that the federal high court in Yola had nullified the candidature of Aishatu Ahmed (Binani) based on suit FHC/YL/CS/12/2022 filed by Mallam Nuhu Ribadu.
Justice Abdulaaziz Anka, in his ruling, also refused the plea for a fresh primary, holding that the APC, by the court judgment, had no candidate for the 2023 governorship election.
Anka arrived at his judgment after resolving all the issues for consideration involving the outcome of the Adamawa APC governorship primary conducted on May 26, 2022.
He held that the primary was not compliant with the 2022 Electoral Act, the nation’s constitution, and the party guidelines.
The judge said the nomination of Sen. Aishatu Ahmed, popularly known as Binani, was in clear contravention of Section 85 of the Electoral Act because there was “manifest overvoting.”
“The first defendant (APC) cannot field a candidate for the 2023 general elections; the primary election is invalid, and the court therefore sees the return of Aishatu Ahmed Binani as unlawful. The plea for fresh elections is hereby refused.”
Abia
Despite Court Ruling, Emenike’s Ticket Remains Intact, Says Legal Adviser
Abia State legal adviser of the All Progressives Congress (APC), Barr Virgilus Nwankwo has said that Ikechi Emenike remains the APC governorship candidate in the state in the eyes of the law.
Nwankwo spoke to LEADERSHIP Weekend in Umuahia, the state capital on Friday while reacting to the judgement of an Abuja Federal High Court in favour of Dr. Uche Ogah as the candidate.
He said, “Firstly, the judgment by Justice Binta Nyako cannot be enforced or executed until the final pronouncement by the Supreme Court on the subject matter.
“Secondly, the judgment of the state High Court by Justice Benson Anya of June 24, 2022 in Suit No HUM/31/2022: Ikechi Emenike Vs APC & 2 Others, affirmed the candidature of Emenike.”
Speaking further, he said both Emenike and the APC had filled their appeal against the judgement which favoured the former minister of state for mines and steel development.
A’Ibom
S’Court To Decide Akpabio’s Senate Quest As Udofia Contests Guber Ticket At Appeal
For former Governor Godswill Akpabio of Akwa Ibom State, his fate to return to the Senate hangs in the balance, except otherwise decided in his favour at the Supreme Court.
The former Minority Whip, whose return to the Red Chamber, was stalled by former Deputy Governor Obong Chris Ekpenyong in 2019, has again be blocked, albeit temporarily by the Appeal Court, Abuja verdict, which set aside the High Court judgement declaring Akpabio the authentic APC candidate for Ikot Ekpene (Akwa Ibom North-West) Senatorial District.
The appellate court had on Monday upturned the Federal High Court, Abuja verdict, which declared Akpabio the winner of the re-conducted primary, and affirmed former Deputy Inspector General (DIG) Udoma Ekpoudom as having won a legitimate primary monitored by the Independent National Electoral Commission (INEC).
Responding to the judgement, Akpabio faulted the Appeal Court verdict, arguing that he was not joined as a party in the case.
He said that though a lawyer by profession, he had since instructed his fellow colleagues to approach the Supreme Court for proper interpretation of the contentious issues for final determination.
In the same vein, the Federal High Court also nullified the Akwa Ibom State APC governorship primary held at 6, Ekpo Obot street office, Uyo, on May 26, 2022, in which Obong Akanimo Udofia, an oil tycoon, was declared winner, having defeated other contestants including the immediate past Senior Special Assistant (SSA) to President Muhammadu Buhari on Niger Delta Affairs, Senator Ita Enang.
However, apparently miffed by the outcome of the case, a fuming Enang had sought the cancellation of the poll, which he alleged was fraught with irregularities, including the eligibility question surrounding Udofia’s membership of the APC.
He, therefore, approached the court, praying that he be declared the winner of the contest.
“Akan Udofia was a member of the Peoples Democratic Party (PDP), contested the May 25 primary at the Godswill Akpabio International Stadium, and scored two votes, before crossing into the APC, and within 24 hours contested the primary and won,” Enang said.
Therefore, the court, after examination of the particulars of the case, decided against the candidature of Udofia as the Akwa Ibom APC governorship candidate and ordered a re-run of the primary within 14 days for the authentic candidate to emerge, excluding Obong Udofia.
But Udofia has also told his lawyers to approach the Appellate Court for redress, arguing that he was given a waiver to cross into the APC and contest the primary by APC.
Yobe
Court Disqualifies Senate President Ahmad Lawan, APC Makes U-Turn
The Damaturu Division of the Federal High Court affirmed Bashir Sheriff Machina as the APC senatorial candidate for Yobe North.
Justice Fadima Aminu had directed the INEC to forthwith publish Machina’s name as the ruling party’s candidate in the senatorial district’s 2023 National Assembly election.
The judge noted that Bashir Machina was duly elected senatorial candidate for APC, consequently upholding the May 28 primary election of the party that was also certified by INEC.
Senator Ahmad Lawan had participated in the presidential primary of the ruling party, but when he lost the party’s ticket to Asiwaju Bola Tinubu who eventually emerged as the party’s presidential candidate, he sought to overturn the primary election which produced Machina.
Appeal Court Reserves Judgement in APC’s Suit Against Machina
However, the Appeal Court sitting in Abuja has reserved judgement in the appeal filed by the APC against Yobe North senatorial candidate, Bashir Sheriff Machina, and two others.
APC had approached the appellate court asking it to set aside the judgement of the Federal High Court, Damaturu, which declared Machina the rightful senatorial candidate of the party for Yobe North.
Counsel to Machina, Ibrahim K. Bawa (SAN), had asked the appellate court to dismiss the appeal for lack of merit and uphold the judgement of the lower court which he argued was right.
After listening to the counsel’s debate, the three-man panel said it would communicate the date for the judgement to all parties involved.
The ruling APC later changed its earlier position not to appeal the judgement of the Federal High Court, Damaturu, which declared Hon Bashir Machina the rightful senatorial candidate of the party in Yobe North.
LEADERSHIP Weekend recalls that on September 29, president of the Senate, Dr Ibrahim Ahmad Lawan had said he accepted the judgement of the court which disqualified his candidacy and participation in the elections.
However, “After due consultations with my political associates, supporters and well- wishers, I have decided not to appeal against the judgement. I accept the judgement”, Lawan said.
APC had, in a letter by its national legal adviser, Ahmad Usman, which was sent to the chairman of the Yobe State chapter of the party, Alhaji Mohammed Gadaka, aligned itself with the position of Lawan not to appeal the judgement of the trial court.
However, in a dramatic twist of events, the party has filed an appeal at the Court of Appeal, Gombe, seeking a declaration of Lawan as the party’s candidate.
In another development, the court nullified two APC Assembly primaries in Yobe
A Federal High Court sitting in Damaturu, the Yobe State capital, set aside two APC primary elections for the state House of Assembly.
Delivering the judgement, Justice Fadima Aminu directed the APC to conduct fresh primary elections for the affected positions within 14 days.
The affected constituencies are Fika/Ngalfa and Jaskusko.
Kebbi
6 PDP Candidates Disqualified In Kebbi
Six candidates were disqualified by a Federal High Court in Birnin-Kebbi for violating the electoral act during the primary elections conducted by their parties in Kebbi State.
The cases are Senator Muhammad Adamu Aleiro vs Haruna Saidu Dandio, Dr Yahaya Abdullahi Argungu vs Hon Sani Bawa Argungu , Hon Shehu Muhammad Koko[Wamban Koko] vs Shehu Mohammad Bello Fari and Hon Yakubu Sani Noma vs Garba Engener.
Our correspondent gathered that Senator Muhammad Adamu Aleiro, the senator representing Kebbi Central Senatorial District at the Senate, defeated Haruna Saidu Dandio during the last primary election conducted by the party, but Dandio filed his case at Federal High Court in Birnin Kebbi alleging illegalities.
It was the same thing that happened to Senator Yahaya Abdullahi who represents Argungu/Augie district. Senator Yahaya, a former Senate leader, beat Hon Sani Bawa Argungu in the PDP primary election, but Bawa sued him before a federal high court in Birnin Kebbi and the court sacked Senator Abdullahi.
Similarly, Hon Shehu Muhammad Koko was sued by his opponent, Shehu Muhammad Fari before the Federal High Court in Birnin Kebbi after he was declared winner of APC primary election conducted in the state but the court during its ruling said it discovered irregularities and reserved the judgement.
Now, the affected candidates have appealed their cases to court of appeal in Sokoto.
Meanwhile, the appeal court has upheld the case of Yakubu Sani Noma versus Garba Engineer and declared Yakubu Sani Noma winner of the primary election conducted by the PDP in the state.
Speaking to LEADERSHIP Weekend in Birnin Kebbi yesterday over the development, publicity secretary of PDP, Alhaji Sani Dododo said Senator Adamu Aleiro and Dr Yahaha Abdullahi had to take their cases to appeal court ‘’ Even if they lose out at the appeal court which we don’t pray for, they would approach the supreme court,’’ Dododo said.
Kwara
Court Nullifies Kwara APC House Of Reps Candidature
The Federal High Court sitting in Ilorin, Kwara State nullified the election of Hon. Raheem Olawuyi Ajulo-opin as the APC candidate for Isin/Oke-Ero/Ekiti/Irepodun federal constituency and declared Oluwasegun Adebayo as the winner of the primary poll.
Adebayo in the suit filed before the Court said Ajulo-opin had sought to get the Kwara South APC Senate nomination and had participated in the primary election that eventually produced Senator Lola Ashiru as winner.
Meanwhile, Ajulo-opin who is currently representing his constituency in the House of Representatives, has appealed the lower court’s judgement. Ajulo’s appeal is pending at the Court of Appeal, Ilorin division.
Adebayo is a son of the former governor, Cornelius Adebayo.
Rivers
All APC Candidates, 3 LP Candidates Disqualified
All the APC candidates for the 2023 general elections in Rivers State have been disqualified from participating in the elections by a Federal High Court.
The court had in a recent judgement nullified all the primary elections conducted by the APC which led to the emergence of the governorship as well as the National Assembly and State House of Assembly candidates.
Also, the court disqualified three House of Representatives candidates of the Labour Party (LP) from participating in the elections.
Those affected are the candidates for Port Harcourt Federal Constituency I, Port Harcourt Federal Constituency II and Obio/Akpor Federal Constituency.
However, the two political parties have already appealed against the two judgements in the Court of Appeal sitting in Port Harcourt.
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