Idris Mamman, a chieftain of the All Progressive Congress, APC, in Borno State, on Tuesday, December 4, 2018, filed a case before a Federal High Court, Maiduguri, seeking the nullification of the governorship primary of the party in the state.
Mr. Mamman prayed the court to nullify the nomination of Babagana Umara-Zulum as the party’s governorship candidate.
Those joined in the case with file Number: FHC/MG/CS/55/2018 are the APC and Independent National Electoral Commission, INEC.
In a five-point originating summons filed before the court, the plaintiff prayed for the cancellation of the election conducted on September 30, 2018, arguing that election was conducted without the participation of lawful delegates.
Ibrahim Bawa, the lead counsel to the plaintiff, said that non-delegates participated in the process which was illegal, unlawful, void and null.
Mr Mamman prayed for an injunction restraining the APC from recognising the second respondent as its governorship candidate on the basis of the purported election.
He prayed for an order to declare the plaintiff winner having scored the highest votes in the election.
Speaking to journalists after filing, Mr Bawa said his client challenged the decision of the APC to submit the names of the second respondent as its governorship candidate in view of gross malpractice and irregularities in the conducted of the election.
“As far as my client is concerned, he won the primaries, in spite of the fact that there were other grounds based on which the primary election ought not to stand. We appealed to the APC committee which took decision adverse to our clients,” he said.
The counsel added that they had filed a counter affidavit before the court in response to the preliminary objection by the first and second respondents.
However, Kahinde Elejah, the counsel to the first and second respondents, prayed the court to strike out the case, arguing that it lack the jurisdiction to hear case.
Mr Elejah said the respondents in a preliminary objection asked the court to strike out the case and also prayed for time extension to enable them to respond to the counter affidavit by the plaintiff.
Jude Dagat, the trial judge, ordered the parties to serve all processes before the court before its next sitting and adjourned the case until January 17, 2019, for hearing.
It would be recalled that the APC national leadership had warned it would sanction party members who take the party to court. But President Muhammadu Buhari last week expressed a countrary position, saying aggrieved members have a right to seek redress in court.