The Federal High Court Katsina, has sacked All Progressives Congress (APC) House of Representative member representing Bakori/ Danja Federal Constituency, Amiru Idris as the party’s candidate in the February, 23, 2019 House of Representatives election.
The Judge, Juistice Shagari ruled that Engineer Yakubu Danja is the party’s rightful candidate for the election since he scored the highest votes at the October 5, 2018 party’s primaries.
Juistice Shagari further declared that APC did not observe three primary principles before substituting Danja’s name with that of Idris before going ahead to submit the latter’s name as its candidate in the election.
She said ’’ APC did not make formal application on the substitution of Danja’s name to INEC; neither did the party notify the commission about the substitution’’.
She also said APC did not state verifiable reasons necessitating the substitution.
Justice Shagari said ”The substitution of the plaintiff name( Engineer Yakubu Danja) with that of the second defendant (Amiru Idris ) as the first defendant(APC) candidate in the Federal House of Representatives election is null, unlawful and of no effect. The reliefs sought by the plaintiff are hereby granted and the originating summons succeeds.”
It will be recalled that Danja had approached the high court seeking seven reliefs including a declaration that he was the APC rightful candidate for the election since he scored the highest figures of 314 at the 5, October, 2018 party’s primaries as against Idris 305.
Danja also sought among other reliefs” A declaration that the 1st defendant( APC) does not possess the power and authority to forward to the third defendant(INEC) any other name, particularly that of the second defendant(Idris) than the name of the plaintiff(Danja) who secured the highest number of the votes in the primary election organized by the 1st defendant and supervised by the 3rd defendant on 5th October, 2018, to contest on the platform of the 1st defendant of the office of member representing Bakori/Danja at the Federal House of Representatives or, at the general elections scheduled for 2019.
“A declaration that the plaintiff, having secured the highest number of votes at the primary election conducted by the first defendant, and monitored by the 3rd defendant on 5th October, 2018, to nominate a candidate that would represent the 1st defendant for the office of member representing Bakori/Danja at the Federal House of Representatives remains the candidate of the 1st defendant for the Bakori/Danja constituency at the general election scheduled for 2019.”
Justice Shagari dismissed the argument put up by Idris that thugs attacked delegates at the primary, the development which made 37 delegates sustained varying degrees of injury, and that the APC had the right to present a candidate of its choice for the election.
She declared that Idris did not put up convincing facts about the incident, adding that the Supreme Court had rightly ruled that any candidate who feels cheated at party primaries can seek reliefs from courts or appropriate tribunal.
The judge declared” A mere letter of complaint and few pictures about thuggery attack put up by the second defendant do not change the fact that the plaintiff scored the highest figures at the primary. The law remains the law and it is trite. The aspirant with the highest number of scores should be declared a winner’’.
