By Ndahi Marama, Maiduguri
The candidacy of Dr Midland Balami as the Peoples Democratic Party, PDP, candidate for Hawul/Askira/Uba federal constituency of Borno State has been affirmed by the Supreme Court.
Recall that, since last year, 2022, after the PDP primary election held at the constituency, there have been legal tussles between one, Muktari Adamu Yarima, one the one hand, and Dr. Midala Balami and the Independent National Electoral Commission, INEC.
The development culminated into months of litigation and counter-litigations.
The 1st respondent, who was the appellant started his legal battle on the 3rd day of June 2022, by filing a suit before the Federal High Court, Maiduguri, Borno State, presided over by Honourable Justice Jude K. Dagat, challenging the alleged outcome of the PDP primary election, held on the 22nd May, 2022, for the nomination of candidate, via an originating summon on the grounds of non-compliance with Section 84 of the Electoral Act and Section 50 of the PDP Constitution.
Dissatisfied with the judgments of the trial court, Muktari Adamu Yarima approcahed the Court of Appeal, sitting in Gombe, and later filed a notice of appeal at the Supreme Court, dated the 8th Day of November 2022.
Consequently, judgment was delivered on the 6th of January, 2023, by the Supreme Court judge, Justice Lawal Garba, in favour of Dr. Balami, declaring him as the authentic PDP candidate, stressing that all the suits filed by Yarima, challenging the 2nd or 3rd respondents were not only null and void, but lacked merits.
In the judgment last Friday in Abuja, a five-member panel of the apex court, comprising Justice Lawal Garba, Justice Amina Augie, Justice Helen M Ogunwunmiju, Justice I.N.M Saulawa, and Justice Emmanuel A. Agim, inferred that there must be an end to litigations and recklessness. Hence, the court ruled that there were no grounds put before it, to nullify the ticket of the party in the custody of Dr. Balami, having fulfilled all the provisions of the law and complied with stipulated guidelines.
Speaking on the matter, one of the counsels/clients to Dr. Balami, Mr. Gbenga Ayoola Ashaolu, Esq., said, “The presiding judge struck out the appeal filed by the appellant, Muktari Yarima, for being a mere academic exercise.”
Our correspondent gathered that Balami was represented all through the legal processes by his team of lawyers, led by Mr. Gbenga Ayoola Ashaolu, Esq., a Senior Partner in the law firm of Messr. Olasupo Ashaolu, SAN & Co, Nigeria.
Reacting to the verdict, Dr. Balami, in an interview expressed his sincere appreciation to all the members of his legal team and the Supreme Court for defending the right of the common man.
He re-emphasized that “laws are meant to be obeyed and respected, as the apex court has also shown itself to be the last hope of a common man.”
