By Yemi Oyeyemi, Abuja
Justice Emeka Nwite of the Abuja Division of the Federal High Court has dismissed a suit challenging the nomination of Muhammed Kumaila as candidate of the People’s Democratic Party (PDP) in the forthcoming Borno Central Senatorial District election.
But it was bad news for Senator Elisha Abbo in an Adamawa Court, where he was sacked as the All Progressives Congress (APC) candidate for the Adamawa North Senatorial District.
Justice Mohammed Danladi, on Tuesday sacked Senator Abbo on the ground that he was expelled from the party by his ward in Mubi North local government area of Adamawa.
In Abuja, Justice Nwite dismissed the suit brought by Mr Jubrin Tatabe against the Independent National Electoral Commission (INEC), Peoples Democratic Party (PDP), and Kumaila for being incompetent and lacking in merit.
Tatabe had dragged his party, INEC), Kumaila and three others to court alleging unlawful substitution of his candidacy in the February 25 senatorial election for the Borno Central Senatorial seat.
The plaintiff had emerged winner of the May 23, 2022, primary election of the PDP for the selection of candidate for the Borno Central Senatorial seat.
He, however, via a letter dated July 14, 2022 voluntarily witdrew as candidate of the PDP in the forthcoming senatorial election in Borno State.
Following his withdrawal, the party then conducted a fresh primary on July 15, 2022 which then produced Kumaila as candidate of the PDP
The PDP, accordingly, submitted the name of Jumaila to INEC, which the electoral umpire in turn published as candidate of the PDP for the Borno Central Senatorial election.
But, in his suit, marked: FHC/ABJ/CS/1240/2022, plaintiff alleged that contrary to the position of the defendants, he did not witdraw from the senatorial poll, adding that the letter of withdrawal including his signature was forged.
He, therefore, asked the court to set aside the said letter of withdrawal, sack Jumaila as candidate of the PDP and declare him the authentic candidate of the party in the said poll.
Delivering judgment in the matter on Tuesday, Justice Nwite agreed with the PDP and Kumaila that the case of the plaintiff was defective having been commenced through an Originating Summons instead of a Writ of Summons.
The judge held that the allegation of forgery is criminal in nature and must be proved beyond reasonable doubt.
While in an Originating Summons a case is determined by only documentary evidence, witnesses must be called to give oral and documentary evidence in a case initiated through a Writ of Summons.
In a criminal case such as this, failure of the plaintiff to call witnesses to prove his allegations is said to be fatal to the case and the judge accordingly dismissed it.
In the Adamawa case involving Senator Abbo, the Mubi North LG executive of the APC had on the 7th of October 2022, approved the expulsion of the Senator as recommended by the party’s disciplinary committee.
Two APC members, Abdullahi Suleiman and Yusha’u Usman of Kolere and Sabon Layi Wards, Mubi North LGA, respectively, sued the Senator and sought for an interpretation regarding his status in APC.
Indications from the Counsel to the defendant, E. O. Odo, are that he will appeal the court’s ruling if he gets a go-ahead from Abbo.
