Godwin Tsa, Abuja
The Abuja division of the Federal High Court has been asked to restrain Adamu Bulkachuwa from parading himself as the true and validly nominated candidate representing the All Progressives Congress (APC) in the contest for the Bauchi North senatorial district in the 2019 elections.
An aggrieved member of the APC, Usman Tuggar, in a pre-election suit, FHC/ABJ/CS/1240/18, pending before the court, is challenging the nomination of Bulkachuwa as the candidate of the party for the Bauchi North senatorial district.
However, while the suit was still pending after suffering series of adjournments, the election for the senatorial district took place and Tuggar, who is the husband to the president of the Court of Appeal, Justice Zainab, was declared winner by the Independent National Electoral Commission (INEC).
The suit in question was brought pursuant to Section 36, of the 1999 Constitution; sections 87(1), (2), (3), (9) and (10) and 153 of the Electoral Act, 2010; Article 20(II and III) of the APC constitution and paragraphs 1, 16, 17, 19, 20 and 22 of the INEC’s regulation for the conduct of party primaries.
Former president of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN), who filed the suit on behalf of the plaintiff, is further pressing for an order restraining INEC from recognising Adamu Bulkachuwa as the true and validly nominated candidate representing the APC in the contest for the Bauchi North in the 2019 elections.
The plaintiff is seeking an order of court to the effect that, having been duly nominated by the APC by virtue of the election held on October 3, 2018, and having been confirmed as validly nominated by the APC, pursuant to the representative of the INEC summary of candidates nominated at the primaries, that his name be entered by the INEC as the true and validly nominated candidate of the party in the contest for the senatorial district in the 2019 general election.
He posed seven questions for the determination of the court to include: “Whether the plaintiff, being the validly nominated candidate of the second defendant (APC), for the Bauchi North senatorial district election and who scored the highest number of votes cast at the Bauchi primary election of the APC, is not entitled to have his name submitted by the party to the INEC as its candidate for the 2019 general election for Bauchi North senatorial district, having regard to the provisions of Article 20 (II and III) of the constitution of the party, sections 87(1), (2), (3), (9) and (10) and 153 of the Electoral Act 2010; and paragraphs 1, 16, 17, 19, 20 and 22 of INEC’s regulation for the conduct of party primaries?” among others