The Division of the court of Appeal sitting in Kaduna has voided the judgement of the Federal High court in Katsina which nullified the election Hon. Amiru Tukur Idris of the ruling All Progressive Congress, APC, representing Bakori/Danja Federal constituency in Katsina state.
The appellant court has therefore ordered that the independent National Electoral commission, INEC should issue a certificate of return to Hon Idris as the duly elected member of the House of representatives representing Bokori/Danja Federal constituency.
In a unanimous decision, the presiding judge, Justice Adefope Okojie did not only set aside the judgment of the lower court and the originating summons filed by the 1st respondent, he equally described it as being inconsequences and has since struck it out.
He held further by pronouncing that the Appeal succeeds.
Reacting, Counsel representing the Independent National Electoral
Commission, INEC, Barrister Douglas Najime said that the Commission will abide by the decision of the appellate court following the precedence the commission has set by issuing certificate of return to Hon. Amiru Tukur Idris.
A Federal High Court sitting in Katsina had before now voided the election of Hon. Amiru Tukur Idris as the All Progressives Congress, (APC) member-elect for Bakori/Danja Federal Constituency.
The trial judge, Justice Rabiu Hadiza Shagari, gave the verdict in a suit no FHC/KT/C5/6/2019 filed by Engr. Yakubu Nuhu against the APC and the Independent National Electoral Commission (INEC) for presenting Tukur-Idris, an incumbent member of the House of Representatives, as the candidate and consequently member-elect of the party.
The court declared Nuhu as the right candidate of the party in the election of member representing Bakori/Danja at the Federal House of Representatives while granting the order setting aside the nomination or submission of the name of Tukur-Idris as candidate at the last election or subsequently as member-elect.
Justice Shagari further ruled that Nuhu, having secured the highest number of votes at the primary election conducted by the APC, and monitored by the electoral commission on 5th October, 2018, to nominate a candidate that would represent the party for the office of member representing Bakori /Danja at the House of Representatives remained the candidate of the APC at the 2019 general elections.
According to the judge, the submission of the name of Tukur-Idris byAPC to INEC to contest the election on the platform of the party even when he did not win the primary election remained unconstitutional, illegal and of no effect.
She also maintained that the party lacked the power to nominate or forward to INEC the name of any candidate from the constituency for election to the office of the member of the House of Representatives other than as mandatorily provided by the relevant provision of the constitution, the Electoral Act and guidelines of the INEC