Supreme Court declares Anani Hamisu as PDP candidate for Wase Federal Constituency
The Supreme Court has declared Anani Hamisu Mohammed as the authentic House of Representatives Candidate of the Peoples Democratic Party (PDP) for Wase Federal Constituency of Plateau State.
The apex court, in a judgement in the preelection matter held that, Anani’s name ought to have been forwarded to the Independent National Electoral Commission (INEC) as the House of Representatives candidate of the PDP for the Wase Federal Constituency, having scored the highest votes cast in the party’s primary election held on 3rd October, last year.
In the judgment delivered by Bode Rhodes-Vivour, the court upheld the concurrent judgments of the Federal High Court in Jos as well as that of the Jos division of the Court of Appeal, which had declared Anani as the PDP candidate of the said election, having won the majority votes in the primary election.
Recalled that the trial Court had, four months ago, in a judgement, ordered the PDP to submit Anani’s name as its House of Representative Candidate for Wase Federal Constituency, to INEC.
In his judgement, Justice Musa Kurya of the Federal High Court 2, Jos division, said the plaintiff (Anani) has satisfied all conditions having scored the highest number of votes during the party’s primary election.
The plaintiff has in an originating summons, in a suit no. FHC/J/CS/49/2018 challenged the PDP over the exclusion of his name in the list the party submitted to INEC.
The court, in its judgement, held that the 1st defendant, Umar Suleiman Rabo’s nomination by the PDP as her candidate did not follow the statutory procedure as he (Rabo) did not score the highest vote cast at the primary election for Wase Federal Constituency.
“The party laws provide that a candidate with the highest votes cast at a primary election organised by NEC of a political party to the knowledge of INEC can approach the court for redress if he is excluded by the party.”
Justice Kurya further held that from available records before him, he was of the views that the plaintiff, Hamisu Mohammed Anani, has satisfied all conditions having scored the highest votes and was issued with the requisite form CFOO1 and form EC4B, dated 17th October 2018.
He said, “that qualifies him as eligible to have his name recognised, declared and submitted to INEC by the 2nd Defendant as her candidate for the 2019 general election for Wase Federal Constituency,” he ordered.
Recalled also that the Jos division of the Court of Appeal, on March 28, 2019, dismissed the appeal by Umar Suleiman Rabo, against the judgement of Federal High court in favour of Anani Hamisu Muhammad.
Justice Tani Y. Hassan, supported by Justice Habib Abiru and Muhammad Oniyangi, said the appellant has deployed delay tactics in the proceedings of the case.
Anani had approached the High Court over the non-submission of his name as the candidate of the PDP for the Wase Federal Constituency.
However, the Federal High Court Jos presided over by Justice Musa Kurya, ordered the PDP to submit the name of Anani Hamisu Muhammad as its House of Representative candidate for Wase Federal Constituency to INEC
Not satisfied with the High court judgement, Rabo, whose name was submitted to INEC by the PDP, filed an appeal, prior to the conduct of the 2019 National Assembly Elections.
The Appeal Court upheld the High Court judgement, dismissed the appeal saying the judgement of the High Court has merit.
Meanwhile, the PDP is challenging the victory of the candidate of the All Progressives Congress (APC) in the said election before the National Assembly Election Petition Tribunal.