September 20, (THEWILL) – The Federal High Court in Kebbi Judicial Division, has nullified the election of Haruna Garba Argungu, as the Peoples Democratic Party (PDP) candidate for Argungu/Augie federal constituency, Kebbi State.
In the ruling delivered by Justice B. G. Ashigar, the court declared Sani Yakubu Noma, as the party’s candidate and ordered the Independent National Electoral Commission (INEC) to recognise him.
The ruling followed an application filed by Noma against Argungu, the PDP and INEC.
Noma had sought a declaration that by virtue of the provision of section 84 (5) (c) (ii) of the Electoral Act, 2022 and article 50 (1) & (2) (d) of the party’s constitution (As amended in 2017), part ii paragraph 7, part IV paragraph 2,6,9 and 10 of the electoral guidelines for primary election for the PDP, the result of the House of Representatives primary election of the 2nd defendant for Argungu/Augie Federal Constituency, Kebbi State, conducted on 23rd May, 2022, by which he was declared winner was a valid result of the primary.
He said by virtue of the provision of section 29 (i) and 84 (5) (c) (ii) of the Election Act, 2022 and the electoral guidelines for primary election of the PDP, the substitution of his name with that of Haruna Garba Argungu, for Argungu/Augie federal constituency, Kebbi State, was not valid and legal and cannot be sustained.
Noma had argued that the name of Argungu cannot and ought not to be forwarded to INEC for the House of Representatives for Augungu/Augie federal constituency, Kebbi State, for the 2023 general elections.
He had as well, asserted that INEC “cannot in the circumstances accept, recognise and or publish the name of Haruna Garuba Argungu, as the candidate of the PDP for the House of Representatives for Argungu/Augie Federal Constituency, Kebbi State, for the 2023 General elections.”
The applicant had asked for an order, setting aside the substitution and publication of Haruna Garuba Argungu, as the candidate of the PDP for the House of Representatives, for Argungu/Augie Federal Constituency, Kebbi State, in respect to the 2023 General Elections.
He also sought for an order, compelling PDP to forward his name to INEC as its candidate for the House of Representatives, Argungu/Augie federal constituency, Kebbi State, for the 2023 general elections.
Noma had further asked for an order of perpetual injunction restraining PDP, whether by itself, national chairman, officers, agents, privies, or through any persons, or through any person or persons howsoever, from presenting Haruna Garuba Argungu as the candidate for the office of the House of Representatives, representing Argungu/Augie federal constituency, Kebbi State at the 2023 general election.
While granting his prayers, Justice B. G. Ashigar, held, “And after hearing J. J. Usman (SAN), counsel for the Plaintiff, Hussaini Zakariyau (SAN) Counsel for the 1 Defendant, Nura Bello, Counsel for the 2nd Defendant and M. A. Bawa for the 3rd Defendant.
“And the court having delivered its judgement, INEC (the 3rd defendant) is ordered to accept and recognise the Plaintiff, Sani Yakubu Noma, as the only valid and lawful candidate of the PDP (2nd Defendant) for the House of Representatives, representing Argungu/Augie Federal Constituency, Kebbi State in the 2023 general election.”
However, Argungu still has the right of appeal to the Court of Appeal and the Supreme Court.
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