The Abuja Division of the Federal High Court has invalidated the primary election that produced Sani Galadima as the PDP candidate for the 2023 Kaura Namoda/Birnin Magaji Federal Constituency of Zamfara election.
Justice Inyang Ekwo, in a judgement, ordered the conduct of a fresh election within 14 days of the order, which should be monitored by the Independent National Electoral Commission (INEC).
Mr Ekwo also gave an order restraining Mr Galadima from participating in the PDP’s primary poll for the nomination of its candidate for the forthcoming federal constituency.
“An order is hereby made restraining the first defendant (Galadima) from parading himself as the purported winner of the third defendant (PDP)’s primary election for the nomination of its candidate representing the Kaura Namoda/Bimin-Magaji Federal Constituency of Zamfara State in the forthcoming 2023 general elections,” he said.
Mr Ekwo declared that given Artie 50 and 5D (4) of the constitution of the PDP, Mr Galadima could not validly contest the position of the member representing the federal constituency on the platform of the party while being a member of the All Progressives Congress (APC) as of May 2022, less than 30 days to the PDP primary election.
“I find that the case of the plaintiff succeeds on the merit,” he said.
Mr Galadima currently represents Kaura Namoda/Birnin Magaji Federal Constituency in the House of Representatives.
Two members of the party, Muzammil Idris and Ibrahim Sani, had sued Mr Galadima, INEC, PDP and Iyorchai Ayu as first to fourth defendants, respectively.
In an amended originating summons marked: FHC/ABJ/CS/834/2022, the plaintiffs had sought the determination of some questions.
Among which is, “Whether in view of Section 87, Article 8(8) of the Constitution of the PDP, 2017 (as amended), the first defendant who is a sitting member of the House of Representatives representing Kaura Namoda/Birnin Magaji Federal Constituency of Zamfara State can validly join the third defendant without having resigned/decamped from his membership of the All Progressives Congress?”
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