A Federal High Court sitting in Damaturu, Yobe State capital, on Monday, has barred the All Progressives Congress, APC, from fielding candidates for two state House of Assembly seats of Ngalda-Fika and Goya-Ngeji constituencies.
Justice Fadima Aminu noted that in October last year, a judge of the court nullified the party’s primaries conducted in both constituencies on 26 May 2022, for not complying with Section 84(13) of the Electoral Act 2022, and directed that another primaries be conducted by the party within two weeks.
In her ruling, the judge held declared that: “APC indeed failed to comply with the provisions of guideline in the conduct of primary elections as provided in the Electoral Act [and] thus cannot sponsor candidates for the two-state assembly seats”.
“Where a political party fails to comply with the provision of this Act in the conduct of its primaries, its candidature for election shall not be included in the election for the particular position in it”.
Justice Aminu further maintained, “This court having been fortified by the above provision of the law and the recent Supreme Court decision of Hon. Nnamdi Ezeanyi and Hon. Jones Onyerere supra in conjunction with the earlier cited judicial and statutory authorities hereby toe the same line and pursuant to the provision of Electoral Act 2022 and the Constitution of the Federal Republic of Nigeria 1999, this Honorable Court holds that since the time allowed by Electoral Act 2022 for the conduct of primaries and submission of candidates to political parties by INEC has elapsed, the APC shall not field candidate for the seat of Ngalda/Fika Constituency of Assembly House of Assembly for the 2023 General election.”
She concluded thus: “This matter is hereby dismissed and each party bears its own cost. This is my decision. This shall be the judgement of this court.”
In their remarks, counsels to the plaintiffs in both cases, praised the judgement, thereby appreciating the judge for her judgement.
