The Division of the court of Appeal Kaduna has voided the judgement of the Federal High court in katsina which nullified the election Hon. Amiru Tukur Idris of the ruling All Progressive Congress, APC, representing Bakori/Danja Federal constituency in Katsina state.
The appellant court ordered that the independent National Electoral commission, INEC should issue a certificate of return to Hon Idris as the duly elected member of the House of representatives representing Bokori/Danja Federal constituency.
In a unanimous decision, the court presided by Justice Adefope Okojie held that the Appeal succeeds,the judgement of the lower court is set aside and the originating summons filed by the 1st respondent is ,inconsequences struck out.
Reacting, Counsel representing The Independent National Electoral Commission, INEC, Barrister Douglas Najime said that the Commission will abide by the decision of the appellate court following the precedence the commission has set by issuing of return to Hon. Amiru Tukur Idris the certificate of return.
It would be recalled that the Federal High Court sitting in Katsina had voided the election of
Hon. Amiru Tukur Idris as the All Progressives Congress (APC)
member-elect for Bakori/Danja Federal Constituency.
The trial judge, Justice Rabiu Hadiza Shagari, gave the verdict in
a suit no…. filed by Engr. Yakubu Nuhu against the APC and the
Independent National Electoral Commission (INEC) for presenting
Tukur-Idris, an incumbent member of the House of Representatives, as
the candidate and consequently member-elect of the party.
The court declared Nuhu as the right candidate of the party in the
election of member representing Bakori/Danja at the Federal House of
Representatives while granting the order setting aside the nomination
or submission of the
name of Tukur-Idris as candidate at the last election or subsequently
as member-elect.
Justice Shagari further ruled that Nuhu, having secured the highest
number of votes at the primary election conducted by the APC, and
monitored by the electoral commission on 5th October, 2018, to
nominate a candidate that would represent the party for the office of
member representing Bakori /
Danja at the House of Representatives remained the candidate of the
APC at the 2019 general elections.
According to the judge, the submission of the name of Tukur-Idris by
APC to INEC to contest the election on the platform of the party even
when he did not win the primary election remained unconstitutional,
illegal and of no effect.
She also maintained that the party lacked the power to nominate or
forward to INEC the name of any candidate from the constituency for
election to the office of the member of the House of Representatives
other than as mandatorily provided by the relevant provision of the
constitution, the Electoral Act and guidelines of the INEC.
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