Court rejects Mohammed Abacha as Kano governorship candidate By Gowon Emakpe


April 21, 2011 02:45AM
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Th e f i s s u r e s i n t h e C o n g re s s f o r Progressive Change deepened yesterday when the Court of Appeal in Abuja reversed the judgment of a Federal High Court and ruled that Lawal Jafar Isa, and not Mohammed Abacha, was the party's governorship candidate for Kano State.



The court also declared that Aminu Bello Masari, the former House of Representatives speaker, was the party's governorship candidate in Katsina State, and not Yakubu Garba Lado whose name was submitted to the Independent National E l e c t o r a l C o m m i s s i o n (INEC).

These are examples of the internal contradictions within the CPC whose unifying factor remains its presidential candidate, Muhammadu Buhari. Jimi Bada, who read the lead judgment, said that the party's primary election in Kano State was inconclusive and only the party could forward the governorship candidate's name to INEC.


Conflicting results

Mr Abacha, the son of the former military ruler, had gone to the Federal High Court, claiming that he won the primary election in the state but that the party had failed to send his name to theelectoral commission. In an originating summons filed by his lawyer, Abdullahi Haruna, Mr Abacha asked the court to declare that INEC should not recognise any other governorship candidate from the CPC. He claimed that after the primary election conducted on January 12, he scored the highest number of votes: 144,066.

He claimed that Lawal Jafar Isa scored 78,671 votes, Rufai Sani Hanga got 45,618 votes; Awalu Anwar got 30,410; and Magaji Abdullahi got 5,795. INEC, through its counsel, Adegboyega Awomolo, in a counter affidavit, said that in compliance with the Electoral Act, the CPC invited the electoral commission to supervise and monitor its primary election into various offices in preparation for this month's election. Mr Awomolo said that INEC responded to the request by sending its personnel to supervise the exercise in Kano State.

He said that, according to INEC's records, Mr Isa scored 78,671 votes; Rufai Sani Hanga, 45,618 votes; Awalu Anwar, 30,410; Magaji Abdullahi, 5,795; and Mr Abacha scored 144,066. He added that none of the other candidates had instituted any suit to challenge the result of the primaries, neither did they serve any process challenging the qualification of Mr
Abacha.


Masari wins also

The court, in a unanimous judgment, upheld Mr Masari's appeal against the decision of a Federal High Court Abuja which ruled that Mr Lado was the authentic CPC governorship candidate for Katsina State.

The judge said that the lower court erred when it failed to consider the affidavit and documentary evidence of the CPC and the fact that the Board of Trustees of the party had the final say on who the candidate of the party was in any election.

The court further held that the Katsina State chairman of the party who forwarded the name of Mr Lado and 46 other candidates of the party to INEC had no such power. Mr Lado had gone to the Federal High Court in Abuja, seeking an order to restrain INEC from accepting Mr Masari, claiming that he had won the primary election and should have been presented instead of Mr Masari.

http://234next.com/csp/cms/sites/Next/News/5691280-146/story.csp

Now I have a problem with this judgement. Not that I'm not happy with M. Abacha finally losing the chance to milk Kano state dry like his family did to Nigeria but worried about the judgement seeming inconsistency with the provisions of the Electoral Act 2011 as amended. I am aware that the Electoral act says all candidates for elective positions must emerge through primary elections. Now this judgement is saying that the names submitted by party board of trustees are the authentic names and thereby not reckoning with the winner of the primary elections. It says the board of trustees of the party have final says on who the candidates of the party is. How does this reconcile with the fact that candidates must emerge through primaries? Or am I the one missing something here?

Please somebody should help analyze this judgement.

Hope this will not bring more riots and killing, all this cpc mallams are something else.

mm

Now I have a problem with this judgement. Not that I'm not happy with M. Abacha finally losing the chance to milk Kano state dry like his family did to Nigeria but worried about the judgement seeming inconsistency with the provisions of the Electoral Act 2011 as amended. I am aware that the Electoral act says all candidates for elective positions must emerge through primary elections. Now this judgement is saying that the names submitted by party board of trustees are the authentic names and thereby not reckoning with the winner of the primary elections. It says the board of trustees of the party have final says on who the candidates of the party is. How does this reconcile with the fact that candidates must emerge through primaries? Or am I the one missing something here?

Please somebody should help analyze this judgement.

[b]The court is only reminding us the final judgement irrespective of primaries lies with the board of trustee of a party. You must understand that a political Party are groups of people that came together as like minded individuals who have a common believe, ideology are brotherliness. In the event where an idealogical adverse individual slipped through the fit and proper person's test, the BOT of the party can rein-in at such flagrant disregard for their rules of engagement thereby throwing the book at the individual by not recognising his/her victory.

What I am saying here is that a particular individual can and might through the use of undemocratic tactics hijack a primary process making it one- directional to their advantage and  favour either through financial inducement of delegates by way of buying their votes usurping the legitimacy and integrity of the elections.

Although this dis-service having been perpetuated under the radii might look genuine on the surface but when viewed holistically by BOT  of the party and other aggrieved contestant, a seemingly clear pattern of ingenious election rigging might be uncovered but not provable but on the balance of such probability and the power invested on the BOT of the party such wanton disregards for the rules by supposedly deep pockets might be frown upon and the final results as witnessed and displayed by all asunder might be withdrawn thereby evoking the party's right to chart a different course which unfortunately is an indelible and a constitutional right of the party,  to opt for an alternative electoral process if the electoral process is deemed inconclusive in anyway or form.

The ruling only re-enforces AND RIGHTLY SO,  the different avenues and ways in which political parties can use in effecting particular choices of candidates standing for their elections, although doing it through the universally accepted transparent method called the primaries is good and on the surface seems the most plausible way, this method can be overwhelmed by unscrupulous individuals who can map out and pilot an election victory to the dismay and shock of the party hireachy.

The bottom-line is the party wants like minded individuals  as their candidates, primaries have a way of springing  surprise to party grandees that explains the reason why Mrs Tinubu did not stand for a primary, because of the herd mentality of human beings in general. One cannot rule out the possibility of mass conspiracy against a candidate especially when monetary inducement, loath and envy(as in the case of Mrs Tinubu)has a role to play in this mass hysteria.[/b]

^^^

Thanks Buddie!

Rubbish that is what I call this thread!

Who cares?

I am glad Buhari made sure this guy did not use money to fight his way into the highest position in Kano, Buhari, thanks for taking Abacha to court and also for stopping him through the right means.

Buhari didn't hand over the party flag to him at the Kano rally, now we have seen the result.

You have saved Kano state from a man who doesn't deserve that post.

Money can buy many things, but money can't buy all things.

Yawns

They should all go to HELL! B A S T A R D Z!

better. like pop lyk son

Nice one. I don't see anything good coming from any member of the Abacha family.

babaearly:

They should all go to HELL! B A S T A R D Z!

U'll get there 1st and prepare the bed of coals y'all will lie in

Nothing will happen as the opponent was most loyal to Buhari than Abacha is.

By the it is all General's game!

RIDDANCE

This is a victory for Nigeria!, This goes to show how bold political thieves and their family r in Nigeria. The Abacha family is still owning Nigerians billions looted yet he wants to creep back into politics, idiot!

dinggle:

This is a victory for Nigeria!, This goes to show how bold political thieves and their family r in Nigeria. The Abacha family is still owning Nigerians billions looted yet he wants to creep back into politics, !

Buhari will disagree with you on Abacha being a looter. He said Abacha is a saint.

Wow, Nigerian politics is now a personality game, this is very good. People wit questionable characters can drag now a party.

I don't understand this ruling. So in d case Rotimi Amaechi of Rivers state and others like him, how come it was NOT okay 2 exchange the names but now it is. The Electoral law is so confusing.

as long as he is related to an animal ( abacha)

he would pretty much be Effed anywhere

Do you need a website ? Or a forum like nairaland, nigerianalerts or nigerianbest forum. I can set it up for you for 40k, i wil shw you hw to promote for profit making, 08032350601. See nigerianalerts . Com for updated classified nigerian vacancies

Wat difference does it make?

After Mohammed Abacha used his own money 2 campaign for Buhari to seal the Presidential deal,
this is time to tell him off?
CPC is no better than PDP

[size=40pt]They're all BASTARDS!!![/size]

Too late. Isa has only 4 days to campaign. If I were CPC i would uphold Abacha as the candidiate.

Could this be the way BUHARI and BAKARI wants to rule NIGERIA?
A small party less than 9months cannot be controlled by Buha, wat more of a BIG COUNtry Like Nigeria?
Mind u, when he was a military man, we had only but 12 states, and not now we have 36 or plenty.

where was he, when they overthrew him? that man is bein disturbed by his old age. Its quite unfortunate that the poor mallams would state to fight again for no good reason.

Abacha, has been used but we know with free and fair election, KWANKWASO would win in kano if security is beefed up on election day.

Presidential candidate of the Congress for Progressive Change (CPC), General Muhammadu Buhari (retd) was yesterday prevented from entering Suleja by security agents.

The motorcade of the former military leader was stopped at Madalla and he was told he could not proceed to Suleja.
Buhari was on his way to Suleja to pay a condolence over the penultimate Friday bomb blast that claimed the lives of some 13 persons.


Buhari, has turned to a taliban over night?

why is this in front page?


it sucks

I'm loving it. May he lose even if he goes to the supreme court.