The Supreme Court has affirmed Senator Muhammad Adamu Aliero as the candidate of the Peoples Democratic Party (PDP) for Kebbi Central Senatorial District ahead of the February 25 poll.
A five-member panel of justices led by Justice Chima Centus Nweze, yesterday set aside the judgement of the Court of Appeal, which earlier refused Aliero’s appeal challenging a Federal High Court ruling on the primaries of the party on May 24 and June 9, 2022, which he won.
In the majority judgement by Justice Amina Augie, the panel held that Aliero’s appeal challenging the declaration of Haruna Dandio Saidu as the PDP candidate for the senatorial district, had merit.
The apex court held that the decisions of the lower courts were done without jurisdiction as the nomination of a candidate was an internal affair of a political party.
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Similarly, the apex court validated the election of Dr Abubakar Yahaya Abdullahi as the PDP candidate for Kebbi North Senatorial District for the February 25 senatorial election.
Citing Section 84 of the Electoral Act, Justice Augie stated that Senator Abdullahi’s case bordered on substituting a candidate who had earlier withdrawn from the race.
Meanwhile, a Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to accept the replacement of a senatorial candidate in Rivers State for the February 25 poll.
Justice Emeka Nwite, yesterday, directed INEC to publish the name of Fred Atteng in place of Gokana Geoffrey as the candidate of the Social Democratic Party (SDP) for Rivers South-East Senatorial District.
He held that INEC’s refusal to accept Atteng was a breach of Section 29 of the Electoral Act, 2022.
The court also disregarded a counter affidavit by INEC dated December 10, 2022, which was filed outside the 10 days required to do so.
The suit was brought by SDP and Atteng Fred challenging INEC’s refusal to accept his candidature after the withdrawal of Gokana Geoffrey as the candidate of the party for Rivers South-East Senatorial District.
He had contended that by the provisions of sections 29(1), 31 and 33 of the Electoral Act 2022, INEC did not have the constitutional and statutory powers to prevent SDP from replacing its candidate who voluntarily withdrew his candidature for the 2023 general elections or “reuse, neglect or fail to accept names of submitted candidates as represented by the 2nd plaintiff (Fred).”
