By Onyewuchi Ojinnaka
Justice Binta Mohammed of a Federal Capital Territory (FCT) High Court, Apo Abuja on Thursday held that Hon Jarigbe Agom Jarigbe is the duly elected candidate of the Peoples Democratic Party (PDP) in the primary election for the rescheduled Cross River North Senatorial bye election holding on Saturday, December 5, 2020.
Justice Binta Mohammed in her decision on the matter, held that evidence before the court showed that Jarigbe (defendant) did not supply any false information about his educational qualification to the Independent National Electoral Commission, contrary to the claimant’s (John Alaga).
“Contrary to the claimant’s claim, the defendant did not supply any false information to the INEC in his INEC Form CF001 by purporting to have sat for, and or obtained educational qualification making him eligible to contest for the Cross River North Senatorial Bye election” the court held.
In suit No. CV/77/2020, John Alaga had asked the court to disqualify Jarigbe from contesting the bye-election based on the alleged false information and other allegations.
But in his judgment, the judge sitting in Court 27, Apo division of the FCT High Court held that the claimant has failed to prove his case.
The court further held that the Cross River North Senatorial primary election of the PDP wherein Jarigbe (1st defendant) was nominated as the Senatorial candidate was conducted with the authentic list of the Ward and Local Government Area Executives of the party.
Justice Mohammed declared: “the first defendant having won the highest number of valid votes at the said primary election is validly nominated as the candidate of the PDP for the Cross River North Senatorial bye election scheduled to hold on October 31, 2020 or any other date.
“That the primary election of the PDP for the Cross River North Senatorial held on September 5, 2020, was duly nominated by INEC (2nd defendant) and therefore valid and in accordance with the law.
The Court therefore directed INEC, joined as the second defendant, to include and publish the name of Hon. Jarigbe on the list of candidates for the bye election scheduled for December 5, 2020.
The INEC was further ordered to give Hon. Jarigbe every other rights and privileges accruing to his lawful qualification and nomination as the PDP candidate.
The primary election of the PDP has been a subject of litigation since September 5, when it was conducted.