The Federal High Court in Abuja has dismissed a lawsuit aiming to challenge the nomination of Lawal Usman as the senatorial candidate of the Peoples Democratic Party (PDP) for Kaduna central.
In the suit marked FHC/ABJ/CS/333/23, Justice James Omotosho on Wednesday dismissed the suit filed by Ibrahim Usman seeking to invalidate the nomination of Lawal Usman.
Read also: 10 things you need to know about the newly signed electricity Act
Background
In February, the Supreme Court declared Lawal Usman as the rightful candidate of the People’s Democratic Party (PDP) in the Kaduna Central Senatorial District election which was carried out on February 25.
A five-man panel of Justices, presided over by Justice Inyang Okoro, heard the appeal. the apex court unanimously dismissed the appeal for lack of merit.
The Court of Appeal, sitting in Abuja, had also in Dec. 19, 2022, reinstated Usman as the candidate of PDP, following his removal by a Federal High Court sitting in Kaduna, nullifying the primary election for Kaduna Central Senatorial District.
After nullifying the primary election, the trial court ordered a re-run, which Lawal Usman won, and his name subsequently published by the INEC as the PDP Kaduna Central Senatorial Candidate.
But Lawal Usman’s victory was challenged in court by one Usman Ibrahim, who came second in the primary election held on May 23, 2022.
The judge, Justice Mohammed Umar, held that the claims of the plaintiff (Ibrahim) were substantial likewise; the decision by INEC and the National Working Committee of the PDP’s earlier decision for a fresh primary, which did not hold, hence claims by the defendants were declared null and void.
Not satisfied with the judgement of the federal high court, Adamu headed to the appellate court.
In the lead judgment, Justice Peter Affen held that the Kaduna High Court lacked the jurisdiction to inquire into the internal affairs of the PDP.
Consequently, the appeal was upheld, and judgement of the trial court was set aside.
Subsequently, the Kaduna Federal High Court nullified the initial primary election and issued an order for a rerun.
In response, the party conducted another primary poll on November 7, 2022, which produced Ibrahim Usman as the official senatorial candidate for the PDP in Kaduna central.
On December 19, the Court of Appeal in Kaduna nullified the judgement of the trial court that had previously ordered a fresh election which led to an appeal before the apex court.
In its decision, the Supreme Court upheld the decision of the Court of Appeal, affirming its verdict.
The February 25 senatorial election that took place produced Lawal Usman who secured a total of 225,066 votes to defeat his closest rival, Muhammad Abdullahi of the All Progressives Congress (APC).
This led to a lawsuit filed by Ibrahim Usman, an aggrieved aspirant seeking to invalidate the nomination of Lawal Usman.
Court`s decision
Delivering judgement, Justice Omotosho stated that the lawsuit filed by Ibrahim Usman was deemed an abuse of court process.
Omotosho concurred with the defence’s argument that the subject matter of the present lawsuit was essentially the same as another one previously filed by the plaintiff before a Federal High Court in Kaduna.
The judge pointed out that the case in question had already been adjudicated and decided by the Supreme Court.
In the final verdict of the court, Justice Omotosho noted that the suit was a deliberate attempt to turn the decision of the court over its head and to go into judicial rascality.
He said “The doctrine of stare decisis” does not permit a lower court to review the verdict of a superior court. This suit ought to be thrown into the dustbin.
“The matter has already been decided and cannot be reinstituted and the plaintiff is bound to obey the decision of the supreme court as you cannot put something on nothing and expect it to stand.”