Court rules on Niger East APC primaries for Feb. 7

Ruling will be delivered by a Federal High Court, Abuja on February 7, 2019 on the petition filed by Mohammed Musa Sani seeking to be declared winner of the All Progressives Congress (APC) Niger East Senatorial primaries instead of Senator David Umaru. The defendants have raised a preliminary objection on the jurisdiction of the court on grounds that the petition was filed out of date. At the resumed hearing of the case on Tuesday, Chris Osaugwu and S. I Ameh respective counsels for the 3rd and 1st defendants moved preliminary objections to the petition insisting that it was filed outside 14 days stipulated by the law on pre-election matters. They argued that Sani Musa in his petition held that primary election was conducted on October 2, 2018 when he protested to the party while the petition was filed at the court on October 26, 2018 which was outside the 14 days stipulated by the law. They argued that the court was therefore not in position to entertain the petition, urging that the court discontinue the case. The counsels however responded in argument against the claims by the plaintiff in the main petition that he won the primary election, insisting that Sani Musa 313 did not provide the court with results of the election he claimed to have won. Barrister Osuagwu pointed out that the exhibits attached to the petition including INEC report and presented to the court were all against the petitioner, because they admitted that election did not hold in several wards of Niger East including the very ward of the petitioner. He argued that INEC report which the petitioner relied heavily on also stated clearly that the election was characterized by impunity, vote buying, intimidation and lack of result sheets, contrary to electoral act and the constitution. He said that while Senator David Umaru has provided the court with results of his election, the petitioner failed to provide results, wondering how he got the declaration of wining the primaries without collation of results. The defendants therefore prayed the court to dismiss and throw out the petition for lack of merit. The plaintiff counsel, Wale Olanipekun however urged the court to consider petition on merit and declare the petitioner as winner and rightful candidate of the APC for the Senatorial election. The presiding Judge, Justice F. O . Ogunbanjo having listened to both parties, adjourned to February 7 for ruling on the petition and the preliminary objection. Saka Bolaji, Minna