Toba Owojaiye reportingÂ
The People’s Democratic Party (PDP) Kaduna Central Senator,Lawal Adamu Usman, has emerged victorious as the Federal High Court in Abuja dismissed the suit filed by Usman Ibrahim (Sardaunan Badarawa). The court ruled that the case lacked merit.
In the suit, Usman Ibrahim claimed to be the duly nominated candidate of the PDP for the February 25th Senatorial election, based on his nomination in a primary conducted by the party on November 7, 2022. However, Justice James Kolawole Omotosho presiding over the case examined all the issues presented by both the plaintiff and the defendants.
The court addressed four main issues:
• It was established that the court had jurisdiction to entertain the matter, despite the argument that the case was statute barred.
• The court considered the case to be an abuse of the judicial process, as it had already been decided by the Appeal Court and the Supreme Court.
• The principle of estoppel res judicata was applied, meaning one cannot re-litigate what has already been decided upon.
• Ultimately, the court found that the plaintiff’s claim of being the duly nominated candidate of the PDP lacked merit, as the PDP was a party in the Supreme Court case that nullified the Federal High Court’s judgment, leading to a rerun election and annulling the plaintiff’s nomination.
Justice Omotosho emphasized that a judgment can be set aside even if it has been executed, and since the plaintiff’s nomination was invalidated by the Appellate Court, he could no longer be considered a nominee of the party.
Furthermore, the court questioned whether an unlawful substitution could apply to a person who was not a candidate. It was revealed that the PDP’s National Working Committee (NWC) made its decision on the rerun election without conducting a proper investigation, reinforcing the finality of the party’s decision.
In the end, the plaintiff’s claim of N60 million was not successful, as the court dismissed the suit, resulting in the loss of both the claim and the case for the plaintiffs.