By Jude-Ken Ojinnaka
Justice B. Olajide Quadri of Federal High Court sitting in Bauchi has dismissed the suit filed by a chieftain of All Progressive Congress (APC), Abdulrasheed Isah Barau, against his party, the Independent National Electoral Commission (INEC) and an APC candidate Khalid Abdulmalik.
The judge upheld the result of APC primary election held on May 27, 2022 in Bauchi State which produced Khalid Abdulmalik as its candidate for Ningi Central Constituency in Bauchi State House of Assembly in 2023 general election.
In the suit, Abdulrasheed Barau (plaintiff) sought to know whether APC (1st defendant) act of forwarding the name of Khalid Abdulmalik ( 3rd defendant) to the INEC (2nd defendant) as its candidate for the forthcoming 2023 State House of Assembly election for Ningi Central Constituency in place of the plaintiff who allegedly scored the highest number of votes cast at the APC primary election held on May 27, 2022 in compliance with the provisions of Section 84(5)(C)(i)(iii) of the election Act 2010.
In anticipation of the favourable disposition of the questions, the plaintiff prayed the court to grant his seven reliefs sought.
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In response, the 1st and 3rd defendants through their counsel filed their counter affidavits and adopted the lone issue formulated by the plaintiff for determination. Besides, they urged the court to dismiss the plaintiff’s suit.
The 1st defendant’s (APC) counsel, Dr Samson Osagie had argued that the plaintiff was still under the employment of the National Assembly Service Commission as at the time the primary election was conducted, adding that it was contrary to the guidelines as specified by INEC which stipulated that anyone wishing to contest for elective post should resign from his employment.
In the judgement, the judge noted that in arguing the questions raised for determination in its originating summons, the plaintiff raised a sole issue for determination by the court.
The judge held that in his humble view, the determination of the lone issue raised by parties would properly answer the questions as contained in the plaintiff’s originating summons.
After going through the arguments raised by parties, the judge said: “From the totality of all the evidence and argument put forward and analysed, the court cannot find any piece of evidence to hold onto to the effect that the 1st defendant acted arbitrarily against the provisions of its constitution and the guidelines for conduct of primary elections
“For the above reasons, this suit deserves to fail and is hereby dismissed. I make no order as to cost” the judge concluded.
With this judgement, the 3rd defendant Khalid Abdulmalik is returned as the winner of primary election to contest in the 2023 general election as candidate under APC for Ningi Central Constituency in the Bauchi State House of Assembly.
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