The Federal High Court, Abuja, has struck out the case introduced earlier than it by the Peoples Democratic Party governorship candidate in Gombe State, Mohammed Barde, against Governor Muhammadu Yahaya, the Independent National Electoral Commission and two others.
The court docket declined to nullify the candidacy of the governor.
Ruling on Tuesday, Justice Binta Nyako dismissed the allegation that the governor in a bid to help his qualification submitted solid paperwork to INEC.
Cited as 1st to third defendants within the suit marked FHC/ABJ/CS/1301/2022, have been INEC, the All Progressives Congress, and Governor Yahaya, respectively.
The plaintiff, by means of his lawyer, Johnson Usman, SAN, alleged that the governor lied on oath in paperwork he introduced earlier than INEC.
The plaintiff alleged that whereas the governor, within the Form CF001 he submitted to INEC in support of his qualification to contest the 2019 governorship election, acknowledged that he labored with A.Y.U&Co Ltd from1980-1990, nevertheless, within the Form EC-9 he submitted to hunt re-election, he claimed that he labored on the identical firm from 1985 to 2003.
The plaintiffs argued that the third defendant was inconsistent within the depositions he made on oath.
The plaintiffs acknowledged that the third defendant be disqualified from taking part within the election slated for March 11, including that his motion was in breach of each the 1999 Constitution, as amended, and the Electoral Act, 2022.
“That the 3rd defendant having submitted forged documents to the 1st defendant in his INEC form EC-9 in 2022 is not qualified to contest the governorship election of Gombe State,” they stated.
They prayed the court docket to restrain the third defendant from parading himself because the governorship candidate of the APC within the state.
Meanwhile, difficult the competence of the suit by means of their counsel, Mr. Marshall Abubakar, the APC and governor Yahaya persuaded the court docket to dismiss it for need of jurisdiction arguing that the PDP and its members lacked the authorized proper to institute an motion to problem the nomination of a candidate by one other political get together.
They contended that the plaintiffs failed to determine any affordable reason behind motion, and that the suit had develop into statute-barred because it was not filed inside 14 days after INEC revealed Governor Yahaya’s title as a candidate for the election.
The defendants argued that solely members of a celebration and its aspirants might problem the end result of a major or the nomination of a candidate.
Justice Nyako upheld the defendants’ preliminary objection and dismissed the suit for lack of competence.