The Federal High Court in Yola, Adamawa State, on Friday, nullified the candidature of Aishatu Ahmed as the governorship candidate of the All Progressives Congress in the state.
Based on Suit FHC/YL/CS/12/2022 filed by Mallam Nuhu Ribadu, the court ruling declared Binani’s candidature invalid and unlawful.
Justice Abdulaaziz Anka had arrived at the judgment after resolving all the issues for consideration, such as whether the participation of delegates from Lamurde council, which failed to conduct special congresses, as required by law, contravened the party’s guidelines and the Electoral Act, as well as allegations of over voting and vote buying as contained in the writ of summons of Mallam Nuhu Ribadu, the plaintiff in the suit.
In his ruling on the suit challenging the outcome of Adamawa APC governorship primary conducted on May 26, 2022, which had the APC as the 1st defendant, Senator Aishatu Ahmed (Binani) as second defendant and the Independent National Electoral Commission as 3rd defendant, the judge refused the plea by the plaintiff for a fresh primary to be conducted.
He declared that the APC had no candidate for the 2023 governorship election.
Citing copiously from previous Apex court ruling on issues with the same nature, the judge, held that the primary was not compliant with the 2022 Electoral Act, the nation’s constitution, and the party guidelines.
The judge said the nomination of Senator Aishatu Ahmed, popularly known as Binani, was in clear contravention of Section 85 (5) of the Electoral Act.
Anka said, “My findings are that there’s non-compliance to the Electoral Act, as well as party guidelines and the constitution because there was manifest over voting, which has been proved beyond a reasonable doubt.”
The PUNCH reports that Mallam Nuhu Ribadu had, on the 9th of June, approached the court, seeking the disqualification of Aishatu Ahmed Binani.
Binani polled 430 votes to defeat her closest rival Mallam Ribadu who polled 288 votes.
But Ribadu, citing allegations of vote buying and over voting as the total tally of votes cast (1,011 votes) were above the total number of accredited voters, put at 1,009.
The court has, however, asked the party to utilise the 30-day window available to them to appeal its ruling.
But her reaction to the court ruling, the Peoples Democratic Party in Adamawa State said it was unperturbed with the court ruling annulling the governorship primary of the opposition APC by the court.
The state party Chairman and Organising Secretary, Tahir Shehu and Hamzat Madagali, in their separate reaction, derided the APC as being so divided to pose any threat to the PDP’s chances of winning re-election in 2023.
Shehu, on his part, said, “The PDP in Adamawa State with or without the court ruling, whoever the APC would present, we are not afraid of confronting the party’s nominee because we have what it takes for the electorate to re-elect our governor.