By Shittu Tanko
The Federal High Court Friday ordered the People’s Democratic Party, PDP, to submit the name of Anani Hamisu Muhammad as its House of Representative Candidate for Wase Federal Constituency, to the Independent National Electoral Commission, INEC.
In his judgement, Justice Musa Kurya of the Federal High Court 2, Jos division, said the plaintiff has satisfied all conditions having scored the highest number of votes during the party’s primary election.
The plaintiff has in an originating summons, in a suit no. FHC/J/CS/49/2018, challenged the PDP over the exclusion of his name in the list the party submitted to INEC.
However, the court judgement holds that; “the 1st defendant having not scored the highest vote cast at the primary election of Wase Federal Constituency cannot be said that his nomination by the 2nd Defendant as her candidate has followed and met the statutory procedure.”
“I so hold further that he was not validly nominated as a candidate for the 2019 election,” Justice Kurya ruled.
He said: “The party laws provide that a candidate with the highest votes cast at a primary election organised by NEC of a political party to the knowledge of INEC can approach the court for redress if he is excluded by the party.”
Justice Kurya further holds that from available records before him, he was of the views that the plaintiff, Hamisu Anani, has satisfied all conditions having scored the highest votes and was issued with the requisite form CFOO1 and form EC4B, dated 17th October, 2018.
He said, “that qualifies him as eligible to have his name recognized, declared and submitted to INEC by the 2nd Defendant as her candidate for the 2019 general election for Wase Federal Constituency,” he ordered.
The plaintiff counsel, Badamasi Adam, said the judge had in his wisdom evaluated all the issues they have raised before the court and resolved them in the plaintiff’s favour.
He added that considering the time frame for the National Assembly elections, they would make sure that the judgement goes to the appropriate authority.
Similarly, the plaintiff, Anani Hamisu, said, “I was in the court to seek for justice and Alhamdulliah, the justice has been done which I dedicate it to the masses (of Wase).
“I did that because if it is allowed, impunity will continue in the country. The court is competent as an institution of the rule of law in this country.
The plaintiff said he expected compliance of the court judgement and order.
“I appeal to the PDP, to obey the rules of law and submit my name to INEC,” he added.