Politics: Primaries: Court sets aside PDP Kebbi Rep’s candidate election Daily Parrot



The Federal High Court in Kebbi Judicial Division has set aside the election of Haruna Garba Argungu as the Peoples Democratic Party’s candidate for Argungu/Augie Federal Constituency.

It directed the Independent National Electoral Commission (INEC) to accept Sani Yakubu Noma as the PDP’s candidate for next year’s general elections.

Justice B. G. Ashigar gave the order following an application for a perpetual injunction against Haruna Garba Argungu, the PDP and INEC by the plaintiff, Noma.

But Haruna Argungu still has the right to appeal to the Court of Appeal and the Supreme Court.

Noma sought a declaration that by the provision of section 84 (5) (c) (ii) of the Electoral Act, 2022 and articles 50 (1) & (2) (d) of the Peoples Democratic Party’s  Constitution (As amended in 2017), part ii paragraph 7, part IV paragraph 2,6,9 and 10 of the Electoral Guidelines for Primary election for the Peoples Democratic Party (PDP), the result of the House of Representatives Primary Election of the 2nd defendant for Argungu/Augie Federal Constituency, Kebbi State, conducted on May 23 2022, by which he was declared winner was a valid result of the primaries.

He said by the result of the House of Representative Primary election of the PDP (2nd defendant) for Argungu/Augie Federal Constituency, Kebbi State on May 23 2022, he was the candidate of the 2nd defendant for the said constituency in respect of the 2023 general elections.

He said by the provision of sections 29 (i) and 84 (5) (c) (ii) of the Electoral Act, 2022 and the Electoral Guidelines for Primary Election of the Peoples Democratic Party (PDP), the substitution of his name with that of Haruna Garba Argungu for Argungu/Augie Federal Constituency, Kebbi State, was not valid and legal and cannot be sustained.

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He said the name of Haruna Garuba Argungu cannot and ought not to be forwarded to INEC for the House of Representatives for Augungu/Augie Federal Constituency, Kebbi State for the 2023 general elections.

He said INEC “cannot, in the circumstances accept, recognise and or publish the name of the Haruna Garuba Argungu as the candidate of the PDP for the House of Representatives for Argungu/Augie Federal Constituency, Kebbi State, for 2023 general elections.

He asked for an order setting aside the substitution and publication of Haruna Garuba Argungu as the candidate of PDP for the House of Representatives for Argungu/Augie Federal Constituency Kebbi State in respect of the 2023 general elections.

He sought for an order compelling the PDP to forward his name to INEC as its candidate for the House of Representatives, Argungu/Augie Federal Constituency, Kebbi State, for the 2023 general elections.

He asked for an order of perpetual injunction restraining the PDP, whether by itself, National Chairman, officers, agents, privies, or through any persons, or any person or persons howsoever, from presenting Haruna Garuba Argungu as the candidate for the office of the House of Representatives, National Assembly member representing Argungu/Augie Federal Constituency, Kebbi State at the 2023 general elections.

The court granted the prayer of the plaintiff, Sani Yakubu Noma.

The judge said: “And after hearing J. J. Usman (SAN), counsel for the plaintiff, Hussaini Zakariyau (SAN) counsel for the 1st defendant, Nura Bello, counsel for the 2nd defendant and M. A. Bawa for the 3rd defendant.

“And the court, having delivered its judgment, INEC (the 3rd defendant) is ordered to accept and recognise the plaintiff Sani Yakubu Noma as the only valid and lawful candidate of the PDP (2nd defendant)  for the House of Representatives representing Argungu/Augie Federal Constituency, Kebbi State in the 2023 general election.”

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