2023: Court cancels PDP lawsuit against Governor of Gombe
The Federal High Court in Abuja on Tuesday quashed a case brought by the People's Democratic Party (PDP) against Gombe State Governor Inuwa Yahaya over his re-election bid.
In the lawsuit, the PDP had asked the judge, Binta Nyako, to invalidate Mr. Yahaya's candidacy as the standard bearer for the governorship of the All Progressives Congress (APC) for the March 11 elections.
Riding on the case, Ms. Nyako quashed PDP's infringement claim against Mr. Yahaya on the grounds that the court lacked jurisdiction to hear the action.
But the judge said the plaintiffs could raise the issue in another court forum.
BackgroundThe PDP and two of its supporters, Muhammed Barde and Timothy Danlele, had filed a complaint accusing Mr. Yahaya of submitting false documents to the Independent National Electoral Commission (INEC) in preparation for the gubernatorial ballot.
Plaintiffs have named INEC, APC and Mr. Yahaya as defendants in the lawsuit.
The plaintiffs' attorney, Johnson Usman, Senior Counsel for Nigeria (SAN), had informed the court that Mr. Yahaya had lied under oath in his documents submitted to the umpire.
Mr Usman said the Governor, while running for office in 2019, had in the CF001 form he submitted to INEC, claimed he had worked with A.Y.U & Co Ltd of 1980 to 1990, but, in the EC-9 form that Mr. Yahaya submitted to seek re-election, he says he worked at the same firm from 1985 to 2003.
The lawyer argued that the governor was "inconsistent" in the depositions he gave under oath.
He said that Mr. Yahaya should be disqualified from running in the upcoming gubernatorial elections in Gombe State.
Referring to the constitution and election law, Mr. Usman said: "The 3rd defendant (Mr. Yahaya) who submitted false documents to the 1st defendant in his INEC EC-9 form in 2022 is not qualified to contest the election of the governorship of Gombe State.”
The plaintiffs' attorney had urged the court to compel INEC to remove Mr. Yahaya's name from the list of genuine candidates in the gubernatorial ballot.
APC Defense
But, the APC and Mr. Yahaya said the suit was incompetent.
The defendants, through their attorney, Marshall Abubakar, urged the court to dismiss the case for lack of jurisdiction.
He argued that the plaintiffs had no right to bring an action challenging the nomination of a candidate from another political party.
Mr. Abubakar informed the court that the PDP could prove no cause of action against Mr. Yahaya and the APC.
Attorney for the defendants argued that the plaintiffs' lawsuit had become statute-barred, having been filed outside the statutory 14-day time limit after INEC released Mr. Yahaya's name as a standard bearer of the CPA for the ballot.
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The Federal High Court in Abuja on Tuesday quashed a case brought by the People's Democratic Party (PDP) against Gombe State Governor Inuwa Yahaya over his re-election bid.
In the lawsuit, the PDP had asked the judge, Binta Nyako, to invalidate Mr. Yahaya's candidacy as the standard bearer for the governorship of the All Progressives Congress (APC) for the March 11 elections.
Riding on the case, Ms. Nyako quashed PDP's infringement claim against Mr. Yahaya on the grounds that the court lacked jurisdiction to hear the action.
But the judge said the plaintiffs could raise the issue in another court forum.
BackgroundThe PDP and two of its supporters, Muhammed Barde and Timothy Danlele, had filed a complaint accusing Mr. Yahaya of submitting false documents to the Independent National Electoral Commission (INEC) in preparation for the gubernatorial ballot.
Plaintiffs have named INEC, APC and Mr. Yahaya as defendants in the lawsuit.
The plaintiffs' attorney, Johnson Usman, Senior Counsel for Nigeria (SAN), had informed the court that Mr. Yahaya had lied under oath in his documents submitted to the umpire.
Mr Usman said the Governor, while running for office in 2019, had in the CF001 form he submitted to INEC, claimed he had worked with A.Y.U & Co Ltd of 1980 to 1990, but, in the EC-9 form that Mr. Yahaya submitted to seek re-election, he says he worked at the same firm from 1985 to 2003.
The lawyer argued that the governor was "inconsistent" in the depositions he gave under oath.
He said that Mr. Yahaya should be disqualified from running in the upcoming gubernatorial elections in Gombe State.
Referring to the constitution and election law, Mr. Usman said: "The 3rd defendant (Mr. Yahaya) who submitted false documents to the 1st defendant in his INEC EC-9 form in 2022 is not qualified to contest the election of the governorship of Gombe State.”
The plaintiffs' attorney had urged the court to compel INEC to remove Mr. Yahaya's name from the list of genuine candidates in the gubernatorial ballot.
APC Defense
But, the APC and Mr. Yahaya said the suit was incompetent.
The defendants, through their attorney, Marshall Abubakar, urged the court to dismiss the case for lack of jurisdiction.
He argued that the plaintiffs had no right to bring an action challenging the nomination of a candidate from another political party.
Mr. Abubakar informed the court that the PDP could prove no cause of action against Mr. Yahaya and the APC.
Attorney for the defendants argued that the plaintiffs' lawsuit had become statute-barred, having been filed outside the statutory 14-day time limit after INEC released Mr. Yahaya's name as a standard bearer of the CPA for the ballot.
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