Borno APC primaries: Court fixes Jan. 30 for ruling
APC governorship candidate in Borno, Prof. Zulum. His candidature is challenged in court
A Federal High Court in Maiduguri, on Thursday fixed January 30 for ruling on a motion praying for the amendment of originating summon in a case filed by Alhaji Idris Mamman, a chieftain of the All Progressive Congress (APC), seeking nullification of the governorship primary election in the state.
The News Agency of Nigeria (NAN) reports that those joined in the suit were the APC and its governorship candidate, Prof. Babagana Zulum, as well as the Independent National Electoral Commission (INEC).
NAN reports that the plaintiff’s Counsel, Mr Ibrahim Bawa, at the resume hearing of the case, prayed for a leave to amend the originating summons.
Bawa said the application, supported by 14 paragraph affidavit with an exhibit, would enable the plaintiff serve the case properly before the court.
He added that the plaintiff sought to amend questions 1 and 2, as well as delete question 4, underlined in the motion paper.
The counsel argued that a party in a case was entitled to amend its plea in accordance with the rules of the court, stressing that there was clear distinction between the principles of pre-election and election matter, in line with section 14 of the Electoral Act.
In his response, the Lead Counsel to the respondents, Mr Yusuf Ali, opposed the plaintiff’s request, arguing that the time frame for such amendment had elapsed as provided by the constitution.
Ali said that the request contravened section 285 (9) of the constitution, adding that the prayer was misconceived and inconsistent with the case.
The counsel prayed for an extension of time to enable the respondents regularize processes and presentation before the court.
The presiding judge, Justice Jude Dagad, therefore, adjourned the case to January 30, for ruling.
NAN recalled that the plaintiff had in a case number: FHC/MG/CS/55/2018 urged the court to nullify the election conducted on September 30, 2018.
In a five-point originating summon filed before the court, the plaintiff argued that the election was conducted without the participation of lawful delegates.
According to him non-delegates participated in the election which is illegal and unlawful.
He sought for an injunction to restrain the APC from recognizing the second respondent (Zulum) as its governorship candidate on the basis of the purported election, and prayed for an order to declare him winner, having scored the highest votes in the election. (NAN)