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Adamawa APC Primaries: Bala, Ex-attorney General and others appeal Court judgment against Engr Adamu’s Senatorial ticket

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  • Adamawa APC Primaries: Bala, Ex-attorney General and others appeal Court judgment against Engr Adamu’s Senatorial ticket

The Judgment of Hon Justice Emeka Nwite of the Federal High Court Abuja on 31st October, 2022 against Senator Grace Bent, Senator Abubakar Ahmad Moallayidi, Dr Briget Ziddon and Alhaji Sani Jada (Plaintiffs) over the conduct of Adamawa Southern Senatorial District Primary election of the All Progressives Congress , APC, in favour of Engr Adamu Ismaila Numan (defendant) was appealed by the plaintiffs.

Recall Justice Emeka in his ruling said the plaintiffs challenged that Whether the primary election conducted by the 1st Defendant (APC) on 28th and 29th May 2022 wherein vote-buying,fraudulent accreditation of delegates and violence by the 1st Defendant were allowed by the 1st Defendant was conducted in compliance with the provisions of the
Electoral Act 2022, the Constitution of the last Defendant and the Guidelines for the Nomination of Candidates for the 2023 General Elections issued by the 1st Defendant? Having suspended the holding of the primary election.

The High Court Judge in his ruling also said having regard to the provisions
Of Electoral Act 2022, Article 20 (iv) Constitution and Clause 18 of
Guidelines for the Nomination of
Elections imposing an obligation
conduct primary election for the
of Section 84(2)and (B) of the
of the All Progressives Congress
the All Progressives Congress
Candidates for the 2023 General
on political paties in I{igerla to
nomination of its candidates for the general election , whether the primary election conducted by the 1st Defendant on 28th and 29th may 2022 wherein the Plaintiffs were aspirants along with the 2nd Defendant was conducted in compliance with the provisions of the Act, the Constitution and the Guldelines of the political party?

Justice Emeka ruled that:

“I am of the considered view and I so hold that the alleged disenfranchised
registered voters have no capacity or numeric strength to influence the
outcome of the said primary electlon conducted on the 29th May,2022.7 so
hold.

“On the whole, this case lacks merit and it is accordingly dismissed.” He ruled

The decision of the Federal High Court of Nigeria, sitting at Abuja contained in the Judgment of Hon. Justice Emeka Nwite delivered on the 31st day of October 2022 made Grace Bent, Senator Abubakar Ahmad Moallayidi, Dr Briget Ziddon to approached court of appeal to seek for redress.

The Appellants being dissatisfied with the Judgement hereby appealed to the Court of Appeal upon the grounds set out in their submission in paragraph 3 and shall at the hearing of the appeal seek the reliefs set out in paragraph 4 of this Notice.

Where it stated that:

“The learned trial Judge erred in law in failing to nulliFy the Adamawa South Senatorial primary Election of the 1st Respondent held on 25th May 2022 having found as a fact that
there was non-compliance with the 1st Respondents.Guidelines during the conduct of the said primary election.”

“The learned trial judge erred in law in holdlng that the 1st Respondent’s failure to comply with its timelines for accreditation and voting in its Guidelines, was not a ground to nullify the primary election as there was no miscarriage of justice against the Appellants nor did the failure to obey the said provisions of the Guidelines impact on the outcome of the
primary election.”

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