4th March, 2019
Barely five days to the governorship election, a Federal High Court in Kano on Monday nullified the governorship primary election conducted by the Peoples Democratic Party (PDP,) which produced Abba Kabir-Yusuf as the PDP’s flag-bearer in the state.
The cancellation of the primary election followed the suit filed before the Court, by one of the party gubernatorial aspirants, Alhaji Ibrahim Ali-Amin, who challenged the legitimacy of the process which produced Kabir-Yusuf as candidate.
Al-Amin alleged that the PDP during the primary election “sidelined and booted him out” of the race.
Delivering a ruling, Justice Lewis Alagua, nullified the election on the premise that the party had no incontrovertible reason to deny the plaintiff participating in the primary election because he formally brought his expression and nomination form.
Alagua also held that denying the plaintiff the right to participate in the primary election, contravened the provision of the Electoral Act.
He ordered for a valid fresh primary election before the forthcoming governorship election on March 9 in the country.
Earlier, the plaintiff, Ali-Amin, prayed the court to nullify the election on the ground that it was grossly flawed, given the manner he had been sidelined with no justifiable reasons to legitimize such an act.
He said he was blatantly denied participation in the primary election, in spite of the fact that he had brought his expression and nomination form.
It was, however the contention of the plaintiff that there was also the need for the court to interpret whether the party could go ahead to field a candidate for the election in Kano State without conducting the primary election or not.
In his submission, counsel to the plaintiff, Barrister Kabir Usman said the judgement effected had become legally expedient, since his client had been denied the right to contest the election.
He said with the cancellation of the primary election, the governorship slot is now vacant, pending when a fresh and valid primary election is held.
In his remarks, counsel to PDP, Bashir Yusuf said the verdict did not affect Abba Kabir-Yusuf as a candidate but PDP as a party pointing out they would appeal against the judgement.