From Godwin Tsa, Abuja
A High Court of the Federal Capital Territory (FCT) has declared Hon Jarigbe Agom Jarigbe as the duly elected candidate of the Peoples Democratic Party (PDP) for the rescheduled Cross River North senatorial bye election holding on Saturday, December 5, 2020.
The court in the judgment by Justice Binta Mohammed held that contrary to the claim of the claimant, John Alaga, the defendant (Jarigbe) did not supply any false information to the Independent National Electoral Commission (INEC) in his INEC Form CF001 by purporting to have sat for / and or obtained educational qualification making him eligible to contest for the Cross River North Senatorial Bye election.
In his suit No. CV/77/2020, the claimant, John Alaga had urged the court to disqualify the candidature of Jarigbe on strength of the alleged false information and other allegations.
But in his judgment, Justice Mohammed sitting in court 27, Apo division of the FCT High Court held that the claimant has failed to prove his case.
The court also held that the Cross River North Senatorial primary election of the PDP wherein Jarigbe (1st defendant) was nominated as the Senatorial candidate was conducted with the authentic list of the Ward and Local Government Area Executives of the party.
Justice Mohammed further held that “the first defendant having won the highest number of valid votes at the said primary election is validly nominated as the candidate of the PDP for the Cross River North Senatorial Bye election scheduled to hold on October 31, 2020 or any other date.
That the primary election of the PDP for the Cross River North Senatorial held on September 5, 2020, was duly nominated by INEC (2nd defendant) and therefore valid and in accordance with the law.
The Court therefore directed INEC, sued as the second Defendant, to include and publish the name of Hon. Jarigbe on the list of candidates for the bye election scheduled for 5th December, 2020. The INEC was also further ordered to give Hon. Jarigbe every other rights and privileges pertaining to his lawful qualification and nomination as the PDP candidate.
The primary election of the PDP has been the enmeshed in legal tussle since the 5th of September when it was conducted