By Inusa Ndahi, Maiduguri
Following the two high court judgments delivered this week in Maiduguri and Abuja respectively on the candidature of the Peoples Democratic Party, PDP, for Borno Central senatorial district, the legal team of the All Progressives Congress, APC, has said that the opposition party in the state no longer has a candidate for the 2023 election.
According to the head of the APC legal team, Abdulwasiu Alfa, Esq, the two judgments, delivered on Monday and Tuesday respectively, have sacked both Umara Kumalia and Jibrin Tatabe, who were in court over the ticket, as candidates of the party.
Barrister Alfa was reacting to recent misleading media reports, emanating from a court judgment in Abuja on Tuesday, which struck out a signature forgery allegation against Kumalia, by Tatabe, who alleged that he was wrongly replaced with Kumalia as the candidate for Borno Central senatorial district in the 2023 election.
Recall that the judge of the Federal High Court, Maiduguri Division, Justice Jude Dagat, had while delivering judgement in a suit number FHC/MG/CS/54/22, between the APC and Kaka Shehu Lawan as plaintiffs, versus the PDP, Mohammed Umara Kumalia and two others, as defendants, orders that “the first defendant, the PDP, cannot sponsor, nominate or forward the name of anybody to the third defendant, the Independent Natıonal Electoral Commission, INEC, as its candidate for the aforesaid election, except a candidate that emerged from the valid primary election of the first defendant
The judge further issued another order setting aside the publication of the third defendant, containing the name of the second defendant, Kumalia, published on the 20th day of September, 2022, the second defendant having not emanated from any valid primary election conducted by the first defendant.
The court therefore issued an order of perpetual injunction, restraining the second defendant, Kumalia, forthwith from parading himself as the candidate of the first defendant, PDP, for Borno Central in the forthcoming senatorial election.
Reacting to the above court order, the APC legal team leader, in a press statement, on Wednesday in Maiduguri, said, “As you are all aware by now, the APC, along with its candidate for Borno Central Ssnatorial district, Kaka Shehu Lawan Esq., have approached the Federal High Court, Maiduguri Division, to determine the propriety or otherwise of the acceptance of nomination of one Muhammad Umara Kumalia as the candidate of the PDP for Borno Central senatorial district in the forthcoming 2023 general election by the Independent National Electoral Commission, INEC, in gross violation of the combined provisions of Section 285(14)(c) of the 1999 Constitution (as amended) and Sections 29(1) and 84(1) of the Electoral Act, 2022.”
Continuing, Alfa said, “The above provisions of the laws allow the APC, in exercising its right as provided for by the Constitution that the APC as a registered political party, and its candidate challenged the publication of the name of one Muhammad Umara Kumalia as the candidate of the PDP for Borno Central senatorial district on the 20th day of September, 2022, on the grounds that he (Kumalia) did not emerge from any valid primary or rerun election as contemplated by law.”
It was gathered that, the APC had told the court that the acceptance of Kumalia’s name by INEC and subsequent publication of his name as candidate of the PDP by INEC “was illegal, null, void and of no legal effect, based on the provision of the Constitution and the Electoral Act 2022.”
However, Barrister Alfa said, “In a reserved judgment, delivered by the Federal High Court, Maiduguri Division, on the 9th day of January, 2023, in upholding the argument of APC and its candidate, granted the reliefs as contained in the attached enrolled order of the honourable court, which effectively laid to rest the candidacy of Muhammad Umara Kumalia.
“Meanwhile, one Jibrin Mustapha Tatabe, has also instituted a case against the PDP and Muhammad Umara Kumalia, before the Federal High Court, Abuja Division, challenging the unlawful withdrawal of his nomination and seeking to be declared the authentic candidate of the PDP, having won the primary election of the party for Borno Central senatorial district in the forthcoming 2023 election.
“In a considered judgment, delivered by the Federal High Court, Abuja Division, on the 10th day of January, 2023, the case filed by Jibrin Mustapha Tatabe, was dismissed on ground of incompetence.
“In other words, the Federal High Court in Abuja had while delivering judgment on the suit number FHC/ABJ/CS/1240/22, as filed by Tatabe, refused to recognize Jibrin Mustapha Tatabe as the candidate of the PDP for Borno Central senatorial district, while the Federal High Court, Maiduguri Division, had already set aside the nomination of Muhammad Umara Kumalia as the candidate of the PDP for Borno Central senatorial district.
“The cumulative effect of the two judgments is that neither Muhammad Umara Kumalia nor Jibrin Mustapha Tatabe is a candidate in Borno Central senatorial district election.
“Thus, the PDP do not have a candidate to contest Borno Central senatorial district election in 2023 as both candidates have lost out in both courts.
“It is instructive to sound a note of warning here that any claim, presentation or parading of Muhammad Umara Kumalia as the candidate of the PDP for Borno Central senatorial district amounts to a contempt of court.
“So as it stands today, 11th day of January, 2023, the Peoples Democratic Party, PDP, has no candidate to contest in the Borno Central senatorial district in the 2023 general election.”
The lawyer therefore challenge the media to compel Kumalia to tender the legal order which he claimed emanated from the Federal High Court in Abuja affirming him as candidate.
