By Barnabas Manyam (In Yola, Adamawa State)
The strong bid by the All Progressives Congress (APC) to displace the ruling Peoples Democratic Party (PDP) in Adamawa State in the 2023 governorship election seemingly suffered a serious setback, as a Federal High Court sitting in Yola, the Adamawa state capital, on Friday, nullified the primary of the party and consequently threw out Senator AIshatu Dahiru Binani as the governorship candidate of the party.
Delivering his judgment on Friday October 14, 2022 in a suit instituted by Mallam Nuhu Ribadu, a pioneer Chairman of the Economic and Financial Crime Commission (EFCC) and Binani's main challenger for the APC guber ticket, the trial Judge, Hon. Justice Abdullahi Anka, ruled that the APC gubernatorial primary conducted on 27th day of May 2022 was invalid because of over voting by two votes.
Justice Anka also ruled that section 84 of the new Electoral Act, therefore prohibited Senator Aishatu Dahiru Binani to contest the election because of the case of proven irregularities as argued by the lawyer to Mallam Nuhu Ribadu, also of the APC.
He said the respondent, which is the APC, will not field a candidate in the next general elections for the post of Governor of Adamawa State because the political party failed to properly elect a candidate as stipulated by the electoral laws. The Judge said the Electoral Act 2022 was violated by over voting and other irregularities, therefore, the APC would be excluded from the next year's governorship election.
Justice Abdullahi Anka also pointed out that there is manifest over voting, and the primary elections, he said, would not be re-contested and that the judgment had voided the earlier primary conducted and another one would not be conducted, which means that APC will be excluded completely from the 2023 elections for not having a governorship ticket.
Counsel to the APC, Barrister Sule Abdul, who was in court, said the APC would go to the Appeal Court to seek a stay of execution of the judgment and field it's candidate for the next year's general election for the post of governor of Adamawa State.
Barrister Abdul averred that the Electoral Act of 2022 did not banish any party from participating in the election as a result of any controversy surrounding any irregularities in it's primary exercise. He stated that the APC will field it's candidate, Senator Aishatu Binani, for the 2023 governorship election.
The APC defence counsel, Barrister Sule Abdul, however, said the appeal will be filed appropriately within the time frame.
An APC stalwart, Hon Ahmed Abdullahi Musa (Speaker ), who was in court, said his party is not perturbed at the current development because the judiciary would always remain the bastion of Justice for all, despite whatever perceived or alleged "kangaroo" judgment such as the one seen by the party to have delivered by Justice Abdullahi Anka.
Mallam Nuhu Ribadu's lawyer, a Senior Advocate of Nigeria (SAN) who was also in the court premises, thanked Justice Abdullahi Anka for his judgment in voiding the APC's participation in the 2023 governorship poll. NNL.
