Supreme Court dismisses petition against Senator Binani

The Supreme Court on Thursday dismissed a petition seeking to annul the primaries which led to the election of the only female Senator from the North, Sen. Aishatu Dahiru Ahmed (Binani).

Sen. Aisha won the Senatorial election for Adamawa Central District.

But a candidate, Abubakar Waziri (Bappa Waziri), who was defeated by Sen. Aishatu at the primaries of the All Progressives Congress (APC) filed a petition to disqualify the female lawmaker.

Waziri, who lost his case at the Federal High Court and the Court of Appeal, opted to try his luck at the Supreme Court.

Although Waziri secured four votes against Aisha’s 1,375 at the APC primaries, he asked the Supreme Court to annul the results of the primaries.

Represented by Muritala Abdul-Rasheed, the Appellant averred that the party did not give the mandatory 30-day notice to the Independent National Electoral Commission (INEC) before conducting the primaries.

But INEC insisted that there was substantial compliance by APC which enabled it to monitor the conduct of the primaries.

The electoral commission said the primary election was fair and transparent leading to the emergence of Sen. Aisha as APC Senatorial candidate.

But Waziri asked the court to determine the following:

Whether, having regard to the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the 1st Defendant’s (APC) Constitution and Guidelines; and the Regulations , Sen. Aishatu was qualified as a candidate.
The honourable Court ought to restrain the Defendants(APC and INEC) from relying on or using the purported results of the 1st Defendant‘s purported Adamawa Central Senatorial District primary election held on the 7th day of October, 2018 in Adamawa Central Senatorial District for the purpose of nominating the 1st Defendant’s Senatorial candidate for Adamawa Central Senatorial District in the forthcoming genera! election scheduled to hold on 16th day of February, 2019 or any other date as may be announced by the 2″ Defendant.
He sought some reliefs including: “A declaration that the 1st Defendant’s Adamawa Central Senatorial District primary election purportedly held on the 7th day of October. 2018 In Adamawa State in flagrant violation of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Electoral Act, 2010 (as amended) and the relevant provisions of the Constitution of the 1st Defendant, the 1″ Defendant‘s Guidelines for the Nomination of Candidates for the 2019 General Elections and the Regulation for the Conduct of Political Party Primaries of the Independent National Electoral Commission is unconstitutional, unlawful, null and void.

“A declaration that it is ultra vires the 1st Defendant to hold and organize the Adamawa Central Senatorial District primary election held in Adamawa Central Senatorial District on the 7th day of October, 2018 without having given a prior 21-day notice of its primaries to the Independent National Electoral Commission (the 2nd Defendant) indicating that an indirect method of primary election shall be used and Without the democratic election of members of the Electoral college.

But when the hearing of the matter came up at the Supreme Court on Thursday(yesterday), the Appellant(Waziri) could not convince the five-man panel, headed by Justice Mary Odili, on what exactly he wanted from the apex court.

The Appellant (Waziri) was also not forthcoming before the court on what will be his benefit if the primaries won by Sen. Aishatu was annulled.

When asked if the Appellant won the primaries, there was no specific answer other than his prayer that the results of the primaries be set aside.

The counsel to the defendant, Mr. Sam Ologunorisa(SAN) faulted the appellant for wasting the time of the court.

Following posers raised by the Supreme Court justices, the Appellant later opted to withdraw the case against Sen. Aishatu.

While describing his application before the Supreme Court as a mere academic exercise, Justice Mary Odili, who presided over the hearing of the petition, ruled as follows: “Appeal having been withdrawn is hereby dismissed.”

Other judges on the panel were Kudirat Kekere-Ekun; Justice Musa Dattijo Muhammed; Justice Chima Nweze; and Justice Ejembi Oko.