Yobe North: Lawan, APC Reject Legal Bid to Invalidate Primary Election

Former Senate President, Ahmad Lawan, the All Progressives Congress (APC) and its National Chairman, Prof. Nentawe Yilwatda, have faulted a suit seeking the nullification of the May 18 Yobe North Senatorial District primary election.

In separate preliminary objections, Lawan and APC queried the jurisdiction of the Federal High Court in Abuja to hear and determine the suit. They urged the court to dismiss it.

In a counter-affidavit he filed, Yilwatda queried the locus standi of the plaintiff – Hassan Kafayos – to file the suit, having been disqualified from participating in the primary election.

Lawan, APC, Yilwatda and Independent National Electoral Commission (INEC) are listed as defendants in the suit filed for Kafayos by his lawyer, Francis Mgboh.

Kayafos claimed to have been unlawfully prevented from participating in the primary election, having allegedly met all the requirements.

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In the objection filed by his lawyer, Shaibu Aruwa (SAN), Lawan is contending that the court lacked the territorial jurisdiction to hear the case, having been filed in Abuja division instead of Damaturu division of the court.

Lawan, who classified Kafayos decision to approach the Federal High Court in Abuja as an abuse of processes, claimed the plaintiff admitted in his supporting affidavit that he was informed on May 18 that only Lawan was cleared by the APC to contest in the election.

The ex-Senate President stated that the plaintiff’s claim that he was deliberately excluded from lawfully participating in the primary election showed he was not an aspirant in the APC’s senatorial district election.

The APC stated, in documents filed by its lawyer, Adedayo Adedeji (SAN), that the suit is statute-barred, as it was filed outside the mandatory 14-day period prescribed by Section 285(14) of the 1999 Constitution (as amended) and Rule 9 of the Practice Directions, 2022.

In the counter-affidavit filed by his lawyer, Lovelyn Donatus, Yilwatda said the APC duly constituted the Primary Election Committee that conducted the election now being challenged.

He said the party also constituted a Screening Committee charged with the responsibility of screening and clearing the aspirants for the contest.

Yilwatda said Kafayos did not participate in the primary, having been disqualified by the duly constituted Screening Committee of the party.

Justice Salim Ibrahim has fixed hearing in the case for September 18.