A Federal High Court in Abuja has held the Independent National Electoral Commission (INEC) acted within its powers by refusing to accept list of candidates for the next general elections from the Zamfara State chapter of the All Progressives Congress (APC).
Justice Ijeoma Ojukwu said it was not the fault of INEC that the APC failed to conduct a valid primary within the period scheduled by the electoral body.
Justice Onjukwu said INEC’s action was intended to curb impunity among political parties and politicians; ensure that rule of law is adhered to.
The judgment was on a suit, marked: FHC/ABJ/CS/1279/2018, filed in the name of APC by some individuals, who said they emerged from a consensus arrangement adopted by the party in Zamfara State.
Justice Ojukwu, who dismissed the case for being without merit, noted that evidence presented before the court by parties did not show that the APC conducted its primaries within INEC’s published schedule of activities, which required parties to conduct their primaries and submit list of candidates within August 18 and October 7, 2018
The judge said the decision of the APC in Zamfara to select its candidates through a consensus option, breached the provision of the Electoral Act and the party’s constitution.
Justice Ojukwu said, by the fact before the court, it could not be held that INEC acted ultra vires by rejecting Zamfara APC’s candidates’ list.
The judge added that INEC’s decision was to deter impunity and ensure that the right thing was done and the provisions of the law complied with by political parties.
She said: “The intendment of the law is that due process must be followed. The 1st defendant’s (INEC’s) action was to ensure that the party complies with rule of law.”
The judge said it was obvious that, as at the close of nomination for the 2019 elections, according to INEC guideline, the party (APC) had no candidates, having failed to conduct legitimate primary.
Earlier, Justice Ojukwu dismissed the preliminary objection brought against the suit and held that there was no similarity between the case before her court and the one pending before the High Court of Justice, Zamfara State, marked: ZMS/GS/52/2018 filed on December 6, 2018by Alhaji Babandida Abdullahi, Chairman, APC, Gusau Local Government and others against the APC and others.
While Justice Ojukwu was delivering judgment in the case in Abuja, Justice Muhammad Bello Shinkafi of Court 3, High of Zamfara State in Gusau, also rendered judgment in the suit by Alhaji Abdullahi and held that the APC actually has candidates having conducted valid primaries between October 3 and 7, 2018.
Justice Shinkafi proceeded to order INEC to accept the candidates produced by the primaries as APC candidates in Zamfara for all positions in the forthcoming general elections.
A certified-true-copy (CTC) of the judgment certificate signed by an Alhaji Lawali Sanda Kaura (Assitant Director), sighted by The Nation on Friday, indicated that the court granted all the prayers by the plaintiffs.
It reads in part: “Now, on the strength of evidence adduced by the plaintiff, the evidence elicited from both DWS1 and 2 during cross-examination, as well as the documentary evidence tendered and admitted in evidence, I am satisfied that the plaintiffs have proved their case against the defendants.
“Consequently therefore, the above issue for determination formulating is hereby. Answered in the affirmative and all the reliefs claimed by the plaintiffs are hereby granted.
“An order declaring as lawful and valid the primary election conducted by the APC (herein plaintiffs’ party) under the supervision of the 3rd defendant (INEC) and security agents on the 3rd and 7th October 2018 for the purpose of producing candidates to vie for various offices, which produce the plaintiffs, under the platform of the 1st defendant.” The court also order INEC to “accept and accord due recognition to the list of the candidate that emerged as winners” in the primaries of the 3rd and 7th October 2018
The court also ordered the 1st defendant (APC) to “recognise and accept the list of candidates that emerged as winners” in the primaries.
The court further granted a perpetual order of injunction restraining the defendants and their agents “from taking any steps towards cancelling/rejecting the result of the primary election held on the 3rd and 7th of October 2018 and monitored by the 3rd defendant.”
Lawyer to the plaintiff in the Zamfara case, Mahmud Magaji (SAN) said, with the judgment of January 25 given in his clients’ favour, INEC cannot afford not to accepts the list of candidates that emerged from the primaries that the court has said were valid.