Ruling on the appeal filed by Iya-Abbas, following the annulment of the primaries conducted by the PDP for the district by a Yola Federal High court, justice Mohammed Abubakar set aside the judgement of the trial court sacking Abbas as the party’s candidate.
The PUNCH had reported the voiding of the primaries which produced Iya-Abbas after the suit filed by Mohammed Modibbo versus PDP, Abbas, Independent National Electoral Commission, and four others that includes the son of Bamanga Tukur, former PDP National Chairman as a fourth defendant by Justice Abdulaaziz Anka.
The judge held that the participation of fourth the defendant, Alh. Auwal Tukur, chairman, governing council Adamawa State University, as a political appointee, without compliance to the new electoral Act 2022, requiring political appointees to resign their appointment, was held in breach, hence the court “nullification of the entire primaries. The consequence, of the party, will not be able to field candidates for the general election come 2023 because of substantial non-compliance with the electoral act 2022.”
During the PDP senatorial primary election conducted on May 23, 2022, Abbas had defeated Auwal Bamanga Tukur, D. D. Azura, Mohammed Modibbo, Ibrahim Mustapha, Ibrahim Abubakar and Abdullahi Prambe to emerge flag bearer of the PDP.
Dissatisfied with the outcome of the primary, Mohammed Modibbo filed a suit challenging the conduct of the primaries, asking the court to determine, whether Auwal Tukur, as a political appointee, having not resigned his appointment was eligible to participate in the primaries among other issues.
However, the appeal court on Friday set aside the judgement of the trial court paving the way for Abbas, to contest the Senate race, during the forthcoming presidential and National Assembly elections slated for 25th February 2023.
The court of appeal premised its decision on the grounds of technicality, observing that the trial court erred in law to have annulled the election when it wasn’t one of the reliefs sought by the appellant.
