A Federal High Court sitting in Yola has nullified the All Progressives Congress (APC) primary that produced Senator Aishatu Binani as the governorship candidate for Adamawa State.
Justice Abdulaaziz Anka, in his ruling refused the plea for a fresh primary, holding that the APC, by the court judgment, had no candidate for the 2023 governorship election.
Ruling on suit FHC/YL/CS/12/2022 filed by Mallam Nuhu Ribadu, the court declared Binani’s candidature invalid and unlawful.
The judge gave the ruling after resolving all the issues for consideration involving the outcome of the Adamawa APC governorship primary conducted on May 26, 2022.
The court declared that there will be no candidate for the APC in the state for the 2023 elections but said both petitioner and defendants are free to appeal the ruling.
According to him, the primary was not compliant with the 2022 Electoral Act, the nation’s constitution, and the party guidelines.
Anka stated that the nomination of Senator Aishatu Ahmed, popularly known as Binani, was in clear contravention of Section 85 of the Electoral Act because there was “manifest overvoting.”
He said, “My findings are that there’s non-compliance to the Electoral Act, as well as party guidelines and the constitution because there was manifest overvoting, which has been proved beyond a reasonable doubt.
“The first defendant (APC) cannot field a candidate for the 2023 general elections; the primary election is invalid, and the court therefore sees the return of Aishatu Ahmed Binani as unlawful. The plea for fresh elections is hereby refused.”
Counsel to Nuhu Ribadu and Senator Binani in their reactions promised to study the ruling.
