The Court of Appeal sitting in Kano on Friday set aside the judgment of a High Court that recognised Muhammad Abacha as the gubernatorial candidate of the People’s Democratic Party (PDP) in Kano state.
The Federal High Court, Kano, presided over by Justice A M Liman, had in December declared Alhaji Muhammad Sani Abacha as the duly elected Gubernatorial Candidate of PDP in Kano State, after sacking Sadiq Aminu Wali.
The Court upheld that the only lawful primary election was the one monitored by INEC. Delivering the judgment virtually, Justice Liman nullified the primary election that produced Sadiq Aminu Wali as Kano PDP governorship candidate and ordered INEC to expunge his name for Muhammad Sani Abacha.
However, the appellate court on Friday consequentially ordered that Sadiq Wali, who was earlier recognised by the Independent National Electoral Commission (INEC), remain the valid gubernatorial candidate of the PDP in Kano.
The three-man-panel in a consensus judgment read by Justice Usman Musale, held that the law is clear that only the National Executive Committee (NEC) of the party can conduct the gubernatorial primary elections of a party and Abacha did not participate at the primary election conducted by NEC that produced Wali and thus had no locus standi to challenge the said primary.