As the countdown to the February 25 National Assembly Elections continues, it is expected that a lot of litigations surrounding the candidacy for different seats in the National Assembly will be resolved.
This piece highlights the most recent cases dispensed by the courts
Supreme Court affirms Aliero as PDP Kebbi Central Senatorial Candidate
The Supreme Court of Nigeria has affirmed Senator Adamu Aliero as the Peoples Democratic Party’s candidate for Kebbi Central Senatorial District in the forthcoming National Assembly elections.
In a lead judgment read by Justice Amina Augie on Monday, the apex court set aside the judgement of the lower court, which declared Saidu Haruna as winner of the Kebbi Central Senatorial District primary election, and held that Aliero’s appeal “is pregnant with merit and is accordingly allowed.”
Although four Justices on the panel unanimously agreed with the lead judgment, Justice Emmanuel Agim dissented.
Senator Aliero, a two-time governor of Kebbi State, defected from the All Progressives Congress (APC) to the Peoples Democratic Party (PDP) in June 2022.
Supreme Court affirms Yahaya Abdullahi as PDP Kebbi North Senatorial Candidate
Similarly, the apex court validated the election of Abubakar Yahaya Abdullahi as the Peoples Democratic Party (PDP) candidate for Kebbi North Senatorial District for the February 25 senatorial election.
Citing Section 84 of the Electoral Act, Justice Augie stated that the lawmaker’s case bordered on substituting a candidate who had earlier withdrawn from the race.
A former Senate Majority Leader, Senator Abdullahi defected from the All Progressives Congress (APC) to the Peoples Democratic Party (PDP) in June 2022.
The apex court, in a unanimous judgment delivered by Justice Emmanuel Agim dismissed the appeal filed by Emeka Atuma challenging the decision of the lower court for lacking in merit. It thus upheld the decisions of the Court of Appeal, Owerri, delivered on October 4, 2022.
The matter, with case No SC/CV/1626/2022, is an appeal filed by the APC, against the judgment of the Court of Appeal, Owerri Division, on October 4, 2022, which declared Samuel Ifeanyi Onuigbo, instead of Emeka Atuma, as the duly nominated candidate from the primary organised by the party on May 28, 2022.
Samuel Onuigbo currently represents Ikwuano/Umuahia North/Umuahia South Federal Constituency in the House of Representatives and also chairs the House Committee on Climate Change.
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Supreme Court dismisses Nwaoboshi’s bail application
Similarly, the Supreme Court on Friday dismissed a bail application brought by Senator Peter Nwaoboshi, who the Court of Appeal convicted in Lagos on July 1, 2022.
In the lead judgment, wondered why Nwaoboshi, Justice Emmanuel Agim, who was among the five-member panel of Justices of the Supreme Court, in dismissing the application, wondered why the Senator who refused to submit himself to the law, was now seeking the indulgence of the law. Justice Tijani Abubakar noted that Nwaoboshi’s conduct was a slap on democracy and the rule of law.
“Lawmakers must lead by example. They make the laws, they must respect the laws. And, if they do not respect the laws, it means that they have failed in discharging their mandate. On our part, we will continue to ensure that the rule of law prevails. My message is that nobody is above the law. The government and the governed are subject to the rule of law. The application is frivolous. It is vexatious. It is irritating,” Justice Abubakar held in the judgement agreed by Justices Amina Augie, Uwani Abba-Aji and Adamu Jauro, that sat on the panel.
Nwaboshi is the lawmaker representing Delta North Senatorial District candidate of the All Progressives Congress (APC) and is seeking a return in this year’s election.
