Judgment
JAMES GAMBO ABUNDAGA, J.C.A. (Delivering the Leading Judgment) : The People’s Democratic Party (PDP), 2nd Appellant conducted primary election for the nomination of its flag bearer for election, come 2023 into the Adamawa State House of Assembly for Yola South State constituency on 22/5/2022. The 1st Appellant, the 1st Respondent and one Jamila Muhammed Hayatu were aspirants at the primary election which produced 1st Appellant as winner who polled 20 votes to beat the 1st Respondent who came second with one vote. Jamila Muhammed Hayatu recorded zero vote.
The 1st Respondent was dissatisfied with the result and petitioned the appeals Committee of the 2nd Appellant which dismissed his petition. Still undaunted, the 1st Respondent decided to approach the trial Court vide an originating summons in which he posed the following questions: 1.
Whether by the combined effect of Section 84(12) of the Electoral Act 2022 (as amended) and Paragraph 1 of PART VII of the People’s Democratic Party Electoral Guidelines for Primary Election, 2022, the 1st Defendant is eligible to participate as a candidate for State House of Assembly Primary Election of Yola South State constituency Adamawa State held on the 22/5/2022 conducted by the 2nd Defendant and supervised by the 3rd Defendant. 2.
Whether by the combined effect of Section 84(12) of the Electoral Act 2022 (as amended) and paragraph 1 of PART VII of the People’s Democratic Party Electoral Guidelines for Primary Elections 2022, the 1st Defendant being a political appointee as the Special Assistant (SA) on youth empowerment to the Governor of Adamawa State Rt. Hon.
Ahmadu Umaru Fintiri having not resigned his appointment is eligible to participate as a candidate for State House of Assembly primary Election of Yola South State constituency of Adamawa State held on the 22/5/2022 conducted by the 2nd Defendant and supervised by the 3rd Defendant. Upon the determination of these questions, he sought the following reliefs: 1.
A DECLARATION that the 1st defendant is not competent to participate in the primary election conducted by 2nd Defendant and supervised by the 3rd Defendant into the seat of Member House of Assembly Yola South State Constituency of Adamawa State held on the 22nd May, 2022 having not resigned on his Appointment as the Special Assistant (SA) to His Excellency Rt. Hon.
