Adamawa chapter of APC has clarified Wednesday’s judgement of Yola Federal High Court which ordered the withdrawal of Certificate of Return from it candidate, Abdulrauf Moddibo, the winner of last Saturday’s House of Representatives election for Yola North/Yola South/Girei Federal Constituency.
The party’s Legal Adviser, Mr Shagnah Pwamaddi, said the party would appeal the judgement on that aspect as the substantive suit on the consolidated suits at the instance of some of the aspirants were dismissed by the court upon preliminary objections filed by all the defendants including Abdulra’uf, APC and INEC.
Justice Abdulaziz Anka of Federal High Court Yola Division had in a ruling on Wednesday on the consolidated suit filed before him by serving Rep. Garba Lawan and others challenging the validity of APC primaries for the constituency, dismissed the suits based on section 285 (9) of the fourth alteration Act, 2017of the 1999 constitution.
Justice Anka however in his consequential order said Abdulra’uf who was declared winner of APC primaries and subsequently won the election for Yola North/Yola South/ Gierei federal constituency should hand over the Certificate of Return given to him by INEC to the runner-up in the election.
Pwamaddi said the relief given in regard of the certificate of return was not sought for by the plaintiffs.
“The court is not Father Christmas and we are all surprised that the consequential orders were awarded to the plaintiff in the suit was not even asked for.
“It is common knowledge that before the court you ask and request for reliefs and orders are given based on reliefs sought for by litigants or plaintiffs.
“This time around we have seen consequential orders issued and they are not sought for by the plaintiff; this is indeed with due respect to the learned judge we see this as a new invention in our jurisprudence,” Pwamaddi said.
Pwamaddi said the party was confident of justice at the Court of Appeal, adding that so far Modibbo remain the candidate elect of APC.
While noting that INEC was yet to issue Modibbo the Certificate of Return, Pwamaddi said the order by the court did not say that INEC should not give Moddibo the certificate.
“So, INEC is at liberty to issue the certificate to him (Abdulra’uf). To that extend, we are confident that victory is still ours,” said Pwamaddi.
