The Court of Appeal sitting in Abuja has concluded the hearing on an appeal by Ambassador Mohammed Jameel-Waziri. He is challenging his illegal exclusion from the May 25th,2022 Adamawa Peoples Democratic Party (PDP) Gubernatorial Primary Election.
Earlier, the plaintiff approached a Federal High Court Abuja, in his judgment, Justice Obiora Egwuatu ruled that his court lacks jurisdiction on the case brought by Ambassador Waziri against the PDP, over the former’s unlawful disqualification from the May 25th, 2022 primaries. The Judge further said- ‘It’s a family affair’. However, many legal experts believe Wazir’s case has merit, and this may be why the Federal High Court’s only option is to claim no jurisdiction over the case. Section 84(3) of the Electoral Act 2022 and the constitution of the Federal Republic of Nigeria 1999 (as amended) are explicit on the disqualification of a candidate or an aspirant. Furthermore, the first article in the PDP electoral guidelines for the gubernatorial primary election says – “in Compliance with section 84(3) of the Electoral Act 2022, the qualification and disqualification criteria shall only be as stated in the constitution of the Federal Republic of Nigeria 1999 (as amended). Furthermore, the case is similar to that, which led to Zamfara APC losing all elected seats in the state to the PDP in 2019. The case also has a 2020 antecedent in the governorship position in Bayelsa state which affirmed PDP as the winner against the APC. Another is the Supreme Court nullification of November 6, 2021, APC primaries that produced Andy Uba as the party’s governorship candidate. The apex court, in a unanimous decision by a five-member panel of Justices, held that the gubernatorial primary election that produced Uba was conducted in breach of guidelines that the APC set. Equally, on August 29, 2022, The Court of Appeal in Abuja reinstated Sheriff Oborevwori as the duly nominated governorship candidate of the PDP in Delta State, who a Federal High Court disqualified. A lawyer was quoted to have said- ” The Plaintiff has already won”- the case is very clear and unambiguous
The Court of Appeal will soon give the day for delivering judgment. All eyes are on the Court of Appeal Judges to steer themselves from controversy in handling the case and do justice to it, as did to many similar cases of political parties disrespecting their own laws and that of the country- excluding aspirants from primary elections
