Court strikes out application by Bauchi PDP senatorial candidate

court of appeal
Court symbol used to illustrate the story

An Abuja Division of the Federal High Court on Wednesday struck a suit by the candidate of the Peoples Democratic Party (PDP) in the last senatorial election, Garba Dahiru.

Mr Dahiru asked the court to declare him the winner of the election in Bauchi South Senatorial District and issue him the certificate of return because the All Progressives Congress (APC) which polled the most votes in the election did not have a candidate.

The APC in the February 23 election garnered 250,725 votes, while Mr Dahiru scored 175,527 votes.

But the Returning Officer, Ahmed Sarkin-Fagam, said he could not declare a winner for the election. He said the APC had no candidate recognised by the law as it had failed to substitute its candidate, Lawal Gumau, as directed earlier by a federal high court.

According to a report by PUNCH newspaper, the Independent National Electoral Commission (INEC) Resident Electoral Commissioner in the state, Ibrahim Abdullahi, said the APC had failed to substitute its candidate for the poll as ordered by the court.

According to the report, Mr Abdullahi said the candidature of Mr Gumau was nullified by a court prior to the election, with an order that the party should substitute him.

He said that up till the time of the election, the party had failed to obey the court order. As such, Mr Abdullahi said Mr Gumau could not be returned as winner of the election.

It will be recalled that a Federal High Court in Abuja had earlier ordered Mr Gumau substituted with Ibrahim Zailani, who had challenged the outcome of the APC primaries in the state.

But on Wednesday, the judge at the federal high court in Abuja, Taiwo Taiwo, in his judgement held that it is a post-election matter and that the court lacked jurisdiction to entertain it.

Mr Taiwo added that the appropriate court for the matter is the election petition tribunal.

Mr Taiwo said the court could not decide on the candidacy of the APC since it is already a subject before the appellate court.

He added that doing so would merely amount to an academic exercise.

Addressing journalists shortly after the judgment, the INEC lawyer, Alhassan Umar, thanked the court for a well-considered judgement, while Prisca Elesike, who is counsel to Mr Dahiru, said: “an appeal is a better option.”

Support PREMIUM TIMES' journalism of integrity and credibility

 

Good journalism costs a lot of money. Yet only good journalism can ensure the possibility of a good society, an accountable democracy, and a transparent government.

For continued free access to the best investigative journalism in the country we ask you to consider making a modest support to this noble endeavour.

By contributing to PREMIUM TIMES, you are helping to sustain a journalism of relevance and ensuring it remains free and available to all.

Donate


NEVER MISS A THING AGAIN! Subscribe to our newsletter

* indicates required

DOWNLOAD THE PREMIUM TIMES MOBILE APP

Now available on

  Premium Times Android mobile applicationPremium Times iOS mobile applicationPremium Times blackberry mobile applicationPremium Times windows mobile application

TEXT AD: This space is available for a Text_Ad.. Call Willie on +2347088095401 for more information


All rights reserved. This material and any other material on this platform may not be reproduced, published, broadcast, written or distributed in full or in part, without written permission from PREMIUM TIMES.