A Federal High Court in Abuja has upheld the election of Mohammed Sani Musa in the All Progressives Congress (APC) primary election for the Niger East Senatorial District.
Justice Folashade Ogunbanjo on Thursday held that the substitution of Sani Musa for Senator David Umaru as winner of the primary of October 2, 2018 is a violation of section 87(4) (c) (II) and (9) of the Electoral Act, adding that internal affairs of political parties are now justiceable.
Senator Umaru had through his counsel, Chris Osuagwu contended that the act sought to be restrained by Sani Musa was completed before he filed his motion on notice on the 1st November, 2018, adding that “a completed act cannot be restrained by an order of injunction.” The law allows a complaint within 14 days.
But Justice Ogunbanjo dismissed the objection stressing that “the plaintiff is not complaining about election of 2nd October, 2018, it is clear the plaintiff’s complaint is on the submission of the name of 3rd defendant to the 2nd defendant as candidate of the 1st defendant for the office of the Senator representing Niger East in the National Assembly.
“The name of the 3rd defendant (Sani Musa) was submitted to the 2nd defendant (INEC) by the 1st defendant (APC) on 18th October, 2018. That being the case, the suit was instituted well within the stipulated 14 days.”
Meanwhile, Senator Umaru has vowed to challenge the judgement at the Court of Appeal.
Speaking through his counsel, Osuagwu, he also expressed his intention to file a stay of execution against the publication of Sani Musa on the ballot for the February 16 election.