* Restores Hassan Abdullahi as lawful candidate*
A Federal High Court in Abuja has sacked Musa Salihu Mubarak as the Gubernatorial candidate of the New Nigeria People’s Party NNPP over unlawful substitution.
Justice James Kolawole Omotosho removed Mubarak from the November 11 governorship race on the ground that his name was fraudulently submitted to the Independent National Electoral Commission INEC as NNPP’S Guber Candidate.
In a judgment on Tuesday, Justice Omotoso ordered that Hon Hassan Abdullahi be restored as the party’s flagbearer having lawfully won the primary election of the party conducted on April 16, 2023.
Justice Omotoso found as a fact that Abdullahi won the nomination election with 303 votes while Mubarak came second with only 10 votes.
In the judgment, the Court held that submission of Mubarak’s name over and above that of Abdullahi was the highest point of injustice and a glaring fraud that must not be allowed to stand.
The Judge said that the submission of Mubarak’s name who scored only 10 votes to INEC and publishing same by the Electoral body is unlawful, illegal, null and void and of no effect whatsoever.
Justice Omotoso found that the plaintiff’s name was submitted to INEC along with that of Mubarak on April 28 while that of Mubarak was fraudulently recognized.
The Judge held that since Abdullahi won the popular and undisputed primary election and his name submitted, only death or voluntary withdrawal can remove same from the published names of the Gubernatorial candidates.
The Court invoked section 84 of the Electoral Act 2022 and declared the submission, recognition and publishing of name of Mubarak as unlawful acts.
While ordering immediate publication of the name of the plaintiff, Justice Omotoso issued order of perpetual injunction against NNPP, INEC and their agents from further depriving the plaintiff the fruits of his success at the primary election of the NNPP.