The final court verdict of 4th March which has suffered two adjournment from last year to yesterday has finally laid to rest the apprehensions and tension on both the supporters of Gov Muhammadu Umar Jibrilla Bindo and those wishing Dr Mahmoud Halilu Modi.
Dr Modi as he is popularly known is widely fingered as the brain behind the case instituted by the Incorporated Trustees of Kingdom Human Rights Foundation International,alleging that,Bindow supplied false information to the Independent National Electoral Commission (INEC) in his INEC Form CF001 by purporting to have sat for the West African Examination Council (WAEC), in June, 1983 and possess General Certificate of Education (GCE) issued by the examination body.
The executive Governor of the State, Senator Muhammadu Umar Jibrilla Bindo while responding to journalists immediately after the pronouncement of the judgement,he said “as far as he know there has non be a case. Bindo who reiterated that the issue was given undue propaganda and publicity it deserves.
He however thank God for disappointing that were blindly believing the outcome is going to be at the favor of the appellant.
” As far as I’m concern there is no case,but it has been proven beyond doubts that my political enemies are losing,they were thinking bad against me but God has proven them wrong.
“I have never seen or lost my sleep over that case what I’m after is to see I do what it has never been done in the history of Adamawa state. My commitment to their service is what has been in my agenda, and I’m focused to deliver what I say during my campaigns days.” Bindo said
He further called on all eligible voters in the state to peacefully conduct themselves in good manner during and after the gubernatorial elections this coming Saturday.
The Secretary of the APC party in Adamawa, Hon Wafari Theman thank the people of the state by standing with the Governor and the APC party who believe them that the so call case instituted against the Gubernatorial candidate of the party in person of Sen Muhammadu Umar Jibrilla Bindo is a dead case on arrival.
According to Theman the case has suffered a colossal damage as it shocks those thinking the outcome of the judgement is going to favor them,but dumbfounded to their expectations that the case lacks substance and facts.
Alhaji Mohammed Abdullahi,state Publicity Secretary of APC Said high Court of the Federal Capital Territory (FCT) in Apo has dismissed a suit that was evil planned for personal reason and interest not for the collective interest of Adamawa state indigenes,but to protect the interest of one Man somewhere else, dancing the beating drums of their so-called masters against the general interest of the Masses. Thank God the case quashed against them,it speaks of God is in the side of our Governor whose good intentions is known to the whole of Adamawa state.
The APC organising secretary,Ahmed Lawal condemned the collaborative efforts of both the internal external enemies of the Party to see the downfall of APC in Adamawa by the court Case.
He described the verdict as a victory of Adamawa state people who they believe on Governor Jibrilla, offered prayers on Daily basis for God to uphold the case in favor of him.
He called on the entire people to remain joyful in the euphoria of the victory by going out enmasse to vote for Governor Muhammadu Umar Jibrilla Bindo who is their Governor and will continue to do what is their interest.
Governor Jibrilla supporter,who simple says his name is Habu,seen dancing along the Atiku Abubakar express way in Jimeta when contacted shouted “Sai Bindo”- Bindo all the way,his enemies have failed.
He said anybody that don’t want Governor Bindo is no doubt an enemy of the State.
” Sir do you know Adamawa before? We don’t have good roads,all our roads in and outside the state are not in good shape,but this guy (Bindo) fixed them and constantly pay our salaries as at when due. It is not up to an hour that I received an alert of my salaries.
“On Saturday as Early as 7am I will go to my polling unit to vote for Bindo and my vote will bring him back to power insha Allah.”
A woman who is selling fried Yam along Gimba road ,Ruth Danlami Zira said APC government has done the best for her. According to her she was displaced as an IDP from Michika LGA some years ago but now settled with a good business that is even paying her children salaries by the help of Federal government who gave her trade moni.
Recall that the Incorporated Trustees of Kingdom Human Rights Foundation International had, in the suit, marked FCT/CV/518/2018, alleged that Bindow supplied false information to the Independent National Electoral Commission (INEC) in his INEC Form CF001 by purporting to have sat for the West African Examination Council (WAEC), in June, 1983 and possess General Certificate of Education (GCE) issued by the examination body.
The group, while urging the court disqualify Bindow, accused him of falsely declaring his educational qualification and date of birth for the purpose of nomination/election into the office of Governor of Adamawa State for the 2019 general elections.
In a judgment on Monday, Justice Olukayode Adeniyi, partially upheld the preliminary objection raised against the suit by the Governor and declined jurisdiction.
Justice Adeniyi held that the High Court of the FCT lacked the territorial jurisdiction to inquire into whether or not the information submitted by somebody who seeks to contest election in Adamawa State was false or not.
Justice Adeniyi said since the information Bindow supplied to INEC were published in Adamawa State, as required under Section 31(3), the cause of action could be said to have accrued in Adamawa, where the plaintiff game about the published information.
He said it was an abuse of court process and an act of forum shopping for the plaintiff to have travelled all the way to the FCT to challenge an alleged infraction that took place in Adamawa State, where available courts could have safely dealt with issues raised.
The judge agreed with the plaintiff that it possessed the necessary legal right to institute the suit, although it is a corporate personality.
He added: “It is therefore my potion that the capacity of the claimant to pursue this case is provided in Section 31(5) of the Electoral Act, which says ‘any person,’but did not define the word ‘any person.’
Relying on Section18(1) of the Interpretation Act, the judge said: “this court is not in doubt that the claimant (plaintiff) qualifies as a corporate personality,” and proceeded to “hold that the claimant is vested with the legal capacity to institute this suit.”
He however noted that there was a lacuna in the provision of Section 285(14) of the 4th Alteration to the Constitution, which limits the class of people, who can file pre-election cases to an aspirant and a political party.
The judge noted that, since Section 31(5) allows any person to sue where it is discovered that a candidate provide false information to INEC, Section 285(14) of the Constitution should be made to include other classes of people or institutions.
He said the legislature should consider another amendment to Section 285(14) of to extend the category of people to commence pre-election matters to accommodate the right granted any person under section 31(5) of the Electoral Act
The judge also held that the plaintiff made out a reasonable cause of action to entitle it to be heard by the court.
Justice Adeniyi however held that the suit was statute barred because it was filed outside the 14 days provided under Section 285(9) of the Constitution.
The judge noted that, while INEC acknowledged the receipt of Bindow’s Form CF001 on October 25, 2018, the plaintiff filed the suit on December 12, 2018, a length of time which exceeded the 14 days provided under 285(9). years minimum age allowed in the Constitution for a candidate to be qualified to contest the governorship post.
