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Akinwande Soji-Ojo
A Federal High Court in Yola, Adamawa State, has nullified the candidature of Senator Aishatu Ahmed, aka Binani, as the governorship candidate of the All Progressive Congress (APC) in the state.
Delivering judgement in a suit filed by former chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu, the court declared Binani’s candidature invalid and unlawful.
Ribadu, who contested the primary with Binani, had filed a suit seeking the nullification of the primary conducted on May 27, 2022, which was won by the senator.
The former EFCC chairman, who alleged votes buying, overvoting and delegates’ inducement, asked the court to disqualify Binani and declare him the candidate of the APC in the state or order a fresh primary.
But Justice Abdulaaziz Anka, in his ruling, refused to declare Ribadu as the candidate, holding that the APC, by the court judgement, had no candidate in the 2023 governorship election in the state.
He held that the primary was not compliant with the 2022 Electoral Act, the 1999 Constitution (as amended), and APC guidelines.
The judge held that Binani’s nomination was in clear contravention of Section 85 of the Electoral Act because there was “manifest overvoting.”
“My findings are that there’s non-compliance to the Electoral Act, as well as party guidelines and the constitution because there was manifest overvoting, which has been proved beyond a reasonable doubt.
“The first defendant (APC) cannot field a candidate for the 2023 general elections; the primary election is invalid, and the court therefore sees the return of Aishatu Ahmed Binani as unlawful. The plea for fresh elections is hereby refused,” Anka said.
The court, however, asked the parties in the suit to utilise the 30-day window available to them to appeal its ruling.