From Olalekan Awojodu, Abuja
Justice Emeka Nwite of a Federal High Court sitting in Abuja, has declared Alhaji Isa Dogonyaro, as the lawful candidate for the the House of Representatives of the All Progressives Congress, APC, representing Babura/Garki Federal Constituency of Jigawa state, in the 2023 general elections.
The court sacked Aminu Kanta who was declared the winner of the primary election in the state for submitting false name.
He had previously claimed his name was Ahmed Mohammed. But Dogonyaro challenged this claimed in court and the court found out that he contested the primary election under a false name.
The plaintiff had approached the court, through his Counsel, Sunusi Musa Esq., to decide whether or not by the combined provisions of Section 66(1)(i) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (1999 Constitution) and Section 29(5) and (6) of the Electoral Act 2022, a candidate who has given false information in relation to his Constitutional requirements to contest an election is liable to be disqualified from contesting the said election.
He also prayed the court to decide whether or not by the combined provisions of section 66(1)(i) of the 1999 Constitution and section 29(5) and (6) of the Electoral Act 2022, the 3rd Respondent has given false information in relation to his name, when he claimed that his name is Aminu Kanta and that Ahmed Mohammed is his former name, in the Affidavit in Suppor of Personal Particulars submitted to the Ist Respondent as the candidate of the 2nd Respondent for the seat of Member of the House of Representatives, representing Babura/Garki Federal Constituency in the 2023 General Elections.
He also prayed the court for a declaration that in view of the combined provisions of Section 66(1)(i) of the 1999 Constitution, and Section 29(5) of the Electoral Act, 2022, the 3rd Respondent has submitted false information as it relates to his Constitutional requirements for eligibility to contest the election for the seat of Member, House of Representatives for Babura/Garki Federal constituency in the 2023 General Elections.
“An order of this Honourable Court disqualifying the 3rd Respondent from contesting for the seat of Member of the House of Representatives, representing Babura/Garki Federal Constituency in the 2023 General Elections, as a candidate of the 2nd Respondent.
“An order of this Honourable Court declaring the Plaintiff the candidate of the 2nd Respondent for Babura/Garki Federal Constituency in the 2023 General Elections: the Plaintiff having scored the second highest number of votes at the Primary Election conducted by the 2nd Respondent for the seat of Member of the House of Representatives, representing Babura/Garki Federal Constituency”, he prayed the court.
In his judgement, Justice Nwite declared that
Aminu Kanta gave a false information in relation to his name, when he claimed that his name is Aminu Kanta and that Anmed Mohammed is his former name in the affidavit in support of personal particulars submitted to the 1st Respondent (INEC) as the candidate of the 2nd Respondent (APC) for the seat of Member of the House of Representatives.
He held, “That an order of this Honourable Court is hereby made. disqualifying the 3rd Respondent (Aminu Kanta) from contesting for the seat of Member of the House. of Representatives, representing Babura/Gorki Federal Constituency in the 2023 General Elections, as a candidate of the 2nd Respondent.
“That an order of this Honourable Court is hereby made declaring the Plaintiff the candidate of the 2nd Respondent for Babura/Garki Federal Constituency in the 2023 General Elections; the Plaintiff having scored the second highest number of votes at the Primary Election conducted by the 2nd Respondent for the seat of Member of the House of Representatives, representing Babura/Gorki Federal Constituency.
“That an order of this Honourable Court is hereby made directing the Ist Respondent to substitute the name of the 3rd Respondent with the name of the Plaintiff as the candidate of the 2nd Respondent for Babura/Garki Federal Constituency in the 2023 General Elections; the Plaintiff having scored the second highest number of votes at the Primary Election conducted by the 2nd Respondent for the seat of Member of the House of Representatives, representing Babura/Garki Federal Constituency. “
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