It was victories for Senators Aishatu Dahiru Binani and Emmanuel Bwacha as the Court of Appeal declared both as governorship candidates of the All Progressives Congress, APC, in Adamawa and Taraba states, respectively.
Appeal Court sitting in Yola, Adamawa State capital, has declared Senator Aishatu Dahiru Binani as the APC governorship candidate in Adamawa State.
The court presided over by Justice Tani Yusuf Hassan set aside the judgement of a Federal High Court which nullified the governorship primary and declared that APC has no candidate for the 2023 governorship election.
A former chairman of the Economic and Financial Crimes Commission, Malam Nuhu Ribadu, who contested but lost the ticket of the party had challenged Binani’s victory in court.
He had filed a suit to seek nullification of the primary conducted on May 27. Ribadu, who hinged his suit on alleged votes buying, over-voting and delegate inducement, asked the court to disqualify Binani and declare him the candidate of the APC in the state.
APC and Binani through their counsel, Sule J. Abul and Sam Ologunorisa, filed a notice of preliminary objections and counter-affidavits.
While APC challenged the jurisdiction of the court to entertain the matter, Binani in her preliminary objection argued that Ribadu’s suit was not properly constituted.
She described the suit as incompetent, contentious, rancorous and contained allegations of fraud, commission of a crime, and that it cannot be heard or determined by way of the originating summons.
In its judgement on Thursday, the Appellate court ordered that Binani’s name be submitted to the Independent National Electoral Commission, INEC, immediately.
In a related development, the appeal court in Yola on Thursday, a three-man judicial panel led by Justice Tani Yusuf Hassan, declared Bwacha as duly nominated candidate for the APC.
The judge ordered that his name be submitted to INEC as the APC candidate for 2023 election.
A Federal High Court in Abuja had nullified the nomination of Bwacha in May.
The trial court heard a case filed by Yusuf Yusuf, who sought disqualification of Bwacha from the race on the grounds that the primary election which produced him did not comply with the Electoral Law.