Court fixes Oct.31, for ruling on Mahmoud Sha’aban Guber race suit

A Federal High Court sitting in Kaduna, on Thursday fixed Oct.31, for ruling in a pre-election suit instituted by Mahmoud Sani Sha’a ban, against All Progressive Congress,Sen. Uba Sani and Independent National Electoral Commission (INEC) seeking the court to invalidate the primary election.

The suit FHC/KD/CS/79/2022 filed by Mahmoud Sani Sha’aban, is challenging the conduct of the APC governorship primary election held on May 26,2022 in Kaduna.

The Respondents in the suit are: All Progressive Congress(APC), Sen. Uba Sani and Independent National Electoral Commission (INEC).

At the resumed sitting, Counsel to the Plaintiff, Barr. John Mshelia, told the court that the provisions of the electoral act were not complied with by the APC and therefore invalidated the conduct of the primary election.

“The primary election that produced Sen. Uba Sani as the governorship candidate of the APC is invalid”

Mshelia in their prayer urged the court to invalidate the primary election adding that by section 82(1) of the Electoral Act 2022, 21 days’ prior notice should be given to INEC before the primary election which was not complied with by APC.

“APC only gave INEC a few days notice of their primary election.

“The notice the respondents are relying on was dated May 11 and received by INEC on May 25 which gives only one day notice”

He further prayed that the court should set aside the APC governorship Primary election conducted in Kaduna State.

“The delegates that voted in the election are fake delegates as well as not democratically elected.

“In most of the local governments in Kaduna the delegates that emerged from the primary election held on May 18th were unlawfully substituted by some other people. For example in Sanga LGA, over 40 out of about 50 delegates were unlawfully substituted. Same applies to Jaba and Jema’a LGAs.

After hearing submissions by all the Counsel to the Parties, the learned trial Judge, Justice M. G. Garba adjourned the matter to Oct.31, for ruling on the substantive suit.