Tuesday, July 23, 2024

Court to hear suit challenging Borno central PDP candidate substitution January 23

Mr Tatabe filed a motion before Justice Bello Kawu alleging that an affidavit of withdrawl from the race was forged.

• January 17, 2023
Jibrin Tatabe and PDP logo
Jibrin Tatabe and PDP logo used to illustrate the story.

The Apo Division of the FCT Hgh Court, on Tuesday fixed January 23 to hear a motion filled by Jibrin Tatabe of the Peoples Democratic party (PDP) challenging alleged substitution of his name for the Borno central senatorial district.

Mr Tatabe filed a motion before Justice Bello Kawu alleging that an affidavit of withdrawl from the race was forged and deposed in his name by Mohammed Kamalia and forwarded to his party.

He alleged that his party accepted it and approved it without investigating the truth. Consequently,  the party replaced Mr Tatabe’s name with that of Mr Kumalia.

The defendants in the matter are the inspector general of police, commissioner of police of the Borno command,  Mr Kumalia, PDP chair Iyorchia Ayu, and PDP secretary Samuel Anyanwu. Others are Umar Damagu,  deputy national chairman North, Umar Bature, national organising secretary,  Adeyemi Moyegun,  director, office of organising secretary,  PDP and the Independent National Electoral Commission (INEC).

Mr Kawu had on January 9, granted Mr Tatabe leave to apply for an order of madamus compelling the IGP and police commissioner in Borno to arrest and interogate the third to the ninth defendants.

In addition, order of mandamus compelling first and second defendants to arrest and interogate third to ninth defendants in respect to the fake and forged affidavit dated July 11, 2022. Also, the leave to serve IGP and the police commissioner in Borno with the substantive motion on notice out of territorial jurisdiction.

At the resumed sitting on Tuesday, Tatabe’s counsel, Suleiman Gane, prayed the court for time to respond to the counter affidivat by the ninth defendant and prelimary objection by the fourth to eighth defendants.

The judge therefore fixed January 23 to hear all the motion filed by the parties in the matter.

Justice Jude Dagat of the Maiduguri Division of the Federal High Court on January 9 ordered that Mr Kumalia should stop parading himself as PDP senatorial candidiate of Borno central district.

He also ordered that the publication of Mr Kumalia’s name should be set aside having not emanated from PDP’s valid primary election conducted on September 20, 2022.

Mr Dagat also gave an order of perpetual injunction restraining Mr Kumalia from parading himself as the PDP senatorial candiadate for Borno central in the forthcoming election. 


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