The Supreme Court in Nigeria has yesterday declared that Dr. Midala Balami remained the authentic candidate to contest on the platform of the Peoples Democratic Party, PDP for Hawul/Askira -Uba Federal Constituency in Borno state.
Recalled that, since last year, 2022 after the PDP primary election held at the Constituency, there have been legal tussle between one, Muktari Adamu Yarima, Dr. Midala Balami and the Independent National Electoral Commission, INEC, as 1st, 2nd and 3rd Respondents.
The development culminated into months of litigation and counter-litigations.
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The 1st Respondent who was the Appellant started his legal battle on the 3rd day of June 2022 by filing a suit before the Federal High Court Maiduguri, Borno state which was Presided over by Honourable Justice Jude k. Dagat, challenging the alleged outcome of the Primary Election held on the 22nd may 2022 for the nomination of Candidate, via an Originating Summon on grounds of non-compliance with Section 84 of the Electoral Act and Section 50 of the Peoples Democratic Party, PDP Constitution.
Dissatisfied with the judgments of trial court, Muktari Adamu Yarima approcahed the Court of Appeal sitting in Gombe, and later filed a notice of appeal at the supreme court dated the 8th Day of November 2022.Consequently, Judgment was delivered on the 6th of January 2023 by the Supreme Court Judge, Justice Lawal Garba in favour of Dr. Midala Balami as the authentic Candidate, stressing that, all the suits filed by the 1st Respondent challenging the 2nd or 3rd Respondents were not only null and void, but lack merits.
In a judgment last Friday in Abuja, a five-member panel of the apex court (Justice Lawal Garba, Justice Amina Augie, Justice Helen .M Ogunwunmiju, Justice I.N.M Saulawa and Justice Emmanuel A. Agim inferred that there must be an end to litigations and recklessness. Hence, the court ruled that there were no grounds put before it, to nullify the ticket of the party in the custody of Dr. Balami, having fulfilled all the provisions of the law and complied with stipulated guidelines.
Speaking to one of the counsels/clients to Dr. Balami, Mr. Gbenga Ayoola Ashaolu, Esq., said “the Presiding Judge struck out the appeal filed by the appellant, Muktari Yarima for being a mere academic exercise.”
Our Correspondent gathered that Balami was represented all through the legal processes by his team of Lawyers led by Mr. Gbenga Ayoola Ashaolu, Esq., a Senior Partner in the Law firm of Messr. Olasupo Ashaolu, SAN & Co, Nigeria.
Reacting to the verdict, Dr. Balami in an interview expressed his sincere appreciation to all the members of his legal team and the Supreme Court for defending the right of the common man.
He re-emphasized that “laws are meant to be obeyed and respected, as the Apex Court has also shown itself to be the last hope of a common man”.