The Federal High Court, in Birnin Kebbi, has upheld the election of Haruna Saidu,as authentic candidate of the Peoples Democratic Party (PDP) for the Kebbi Central Senatorial district of the state.
Delivering judgement, Justice Babagana Ashigar, held that the court upheld all the prayers of the plaintiff, Haruna Saidu.
Mr. Saidu, had sued Senator Muhammad Adamu-Aliero, (PDP) and Independent National Electoral Commission (INEC) for conducting fresh primary election for Kebbi central senatorial district, while he has not died or withdrawn from the contest of the said position under PDP platform.
He also sued them for substituting his name with that of Adamu-Aliero, which he claimed was in APC when
the first primary election was held, contrary to Electoral Act of 2022 and Constitution of the PDP.
While ruling on the preliminary objections filed by first Defendant, Justice Ashigar, ruled that the plaintiff had the locus standi to be heard.
He said that Saidu had not abused the court processes and had genuine reason to institute the suit having realised his rights would be jeopardized.
“In line with the aforementioned, in my humble view, I rule in favour of the plaintiff.
The court held that there is no doubt that when the first primary election for the Kebbi central senatorial district of the PDP was conducted, the first defendant was in the ruling party.
“Based on exhibits tendered before the court, the plaintiff had participated in the first PDP primary election for the Kebbi central senatorial district where he was elected as the senatorial candidate of the party having scored the highest votes while the first defendant was still in the APC, the ruling party.
“After the the first primary election was held, no petition was immediately instituted against the plaintiff until the second primary election was conducted, which was not served on the plaintiff.
“Since the first primary election was not challenged by the first defendant, it is in my humble view that the first primary election for Kebbi central senatorial district remained authentic.
“I, therefore, uphold all the prayers of the plaintiff,” the justice said.
In his reaction, Counsel to the Plaintiff, Sule Usman (SAN), who appreciated the judge for painfully adjudicating on the suit, explained that they approached the court with tears in their faces.
“We are elated because, we approached the court with tears in our faces; but my Lord, painfully, has taken this case, delivered beautiful justice, with fairness, without favour to any party.
On his part, Counsel to the first defendant, Aminu Hassan, who also commended the judge for the judgement, appreciated the judge’s meritorious job.
He told newsmen that his client, Sen. Adamu-Aliero would appeal the judgement.
In his reaction, Counsel to INEC, Ahmad Bello-Mahmud, said that they had learnt a lot of lessons in the judgement and commended the judge for delivering meritorious judgement.
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