News - Nyako’s election at PDP primary invalid, says court

[TGD]

THE Appeal Court sitting in Yola, Adamawa State capital, Tuesday confirmed that the Peoples Democratic Party (PDP) governorship primary election held in 2012 was replete with the breach of the constitution, the Electoral Act 2010 as amended, and the provisions of the PDP Constitution.

In his lead judgment, Justice Ignatius Igwe said the evidence before the court proved that the fundamental human rights of Dr. Umar Ardo, who showed interest to participate in the primary election, were trampled upon by denying his supporters nomination forms to participate as delegates.

He ruled that Governor Murtala Nyako was not duly nominated as stipulated by the provisions of the Electoral Act, the PDP Constitution and the Constitution of the Federal Republic of Nigeria.

Justice Igwe, who accused the second defendant (PDP) of criminal discrimination against Ardo, noted that the Adamawa PDP primary election of which Nyako was declared winner, lacks legal ingredients and that it was an invalid exercise that has no legal taste or fragrance.

The judge said his court was constrained by Section 31 sub-Section (1) of the Electoral Act 2010, as amended, to order for a fresh primary election.

He further maintained that Ardo failed to prove before the court that he participated in the primary election, which Nyako was declared to have won.

After citing several legal authorities, including Supreme Court judgments, the judge ruled that Ardo lacks the constitutional powers to challenge the outcome of the election since he was not a participant in the controversial primary.

On the issue of court jurisdiction concerning the party's activities, Justice S. Denton-West held that Section 87, sub-section (4) empowers Federal High Court, state High Court and the FCT High Court to preside over such complaints brought before them.

Denton-West, who appealed to politicians to embrace peaceful resolution of party issues, pointed out that peace is the only pillar of democracy.

In his reaction, Ardo, who said he would challenge the judgment at the Supreme Court, pointed out that of the five prayers he sought at the Appeal Court, he won four. He said the ruling was based on language technicality and not law.

"One of the exhibits my counsel tendered before the court was my election result, which shows that I was scored zero. The result was signed by the chairman of the primary election, so, how can the court say that I was not part of the primary election?" he stated.

Counsel to Nyako, Kanu Agabi (SAN), who was represented by Ayo Akam, commended the judges for the ruling, saying it was a judgment for democracy.

The Guardian