Umar Ardo claims Mr. Nyako was not validly elected PDP candidate in 2012.
The Supreme Court has fixed Tuesday, December 10, for ruling on the suit filed by Umar Ardo challenging the nomination of Governor Murtala Nyako of Adamawa State as the Peoples Democratic Party candidate in the 2012 governorship election in the state. Mr. Nyako was chosen during the PDP governorship primaries held in the state prior to the Supreme Court ordered February 2012 election.
Mr. Ardo filed the suit, No. SC 35/2013, against Mr. Nyako; the Peoples Democratic Party, PDP; and the Independent National Electoral Commission, INEC.
Mr. Ardo is accusing the PDP of not conducting the mandatory congresses to elect three ad-hoc delegates per ward for the nomination exercise. He had earlier lost a case he instituted in a Federal high Court sitting in Yola on the same matter.
He had approached the High Court to declare as null and void the procedure adopted by the PDP for the nomination of Mr. Nyako as its gubernatorial candidate on the grounds that it was in breach of the party’s electoral guidelines.
He also asked the court to declare that there was no validly nominated PDP candidate for the 2012 gubernatorial election in Adamawa State; and that the court should order the PDP to conduct fresh gubernatorial primaries between him and Mr. Nyako.
Justice S. M. Shuaibu had on January 20, 2012 dismissed Mr. Ardo’s claims.
He appealed the judgement at the Court of Appeal Yola Division.
However, the Court of Appeal also dismissed his appeal on February 26, 2013.
Mr. Ardo then approached the Supreme Court and filed an appeal against the judgement of the lower court on Thursday, March 28.
The matter has taken two years since it was first instituted in November 2011.
Mr. Ardo had argued that with the general election having already been conducted and the PDP having emerged victorious; he is asking the apex court to declare that whosoever wins the re ordered fresh nomination exercise shall be sworn-in as Governor.
The Supreme Court had on January 27, 2012 sacked Mr. Nyako alongside four of his colleagues, Liyel Imoke of Cross River, Ibrahim Idris of Kogi, Timipreye Sylva of Bayelsa, and Aliyu Wamakko of Sokoto.
In its judgement the apex court held that the tenure of the governors commenced on May 29, 2007, when they took their initial oath of office, and not on the various dates they took their second oath of office in 2008, following their victories in by-elections.
It also ordered the INEC to conduct fresh election within 90 days of the judgement
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