Court asked to set aside nomination of Reps candidate who ‘completed primary school 1976, secondary school 2018’

By Baba Aminu

A Federal High Court in Abuja, has been asked to disqualify a House of Representatives candidate, Aminu Kanta, who claimed he finished primary school in 1976 and secondary school in 2018 from contesting election as a House of Representatives candidate of the All Progressives Congress, APC, for Babura/Garki Federal Constituency of Jigawa state.

He was said to have given false Information.

Justice Emeka Nwite fixed theSeptember 9 for the hearing of the matter.

In an originating summon with suit number FHC/ABJ/CS/1052/2022, the plaintiff, Isa Dogonyaro, through his Counsel, Sunusi Musa, prayed the court for an order disqualifying the defendant from contesting the election.

According to the suit, Aminu Kanta, the 3rd defendant in the matter served as commissioner in the state in 2015 with the name Ahmed Mohammed.

The plaintiff said in the affidavit in support of the originating summon that the same person contested the party primary under a different name, Aminu Kanta, after serving as a commissioner in Jigawa state with the name Ahmed Mohammed.Aminu Kanta

 

In the suit, the plaintiff also prayed the court to look into the inconsistencies in his educational qualification which he claimed in the form submitted to the Independent National Electoral Commission, INEC.

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In the affidavit attached to the originating summon, deposed to by the plaintiff, the court was asked to look into the claim that Aminu Kanta (Ahmed Mohammed) finished primary school in 1976 and secondary school in 2018.

Dogonyaro prayed the court to declare him the winner of the primary election having scored the second highest number of votes.

He said in the affidavit, “the name with which the 3rd Respondent is contesting the election for the seat of Member, House of Representatives, Babura/Garki Federal Constituency of Jigawa State as a candidate of the 2” Respondent, is ‘Aminu Kanta.

“Aminu Kanta is not synonymous with Anmed Mohammed.

“The 3rd Respondent stated that his former name is ‘Ahmed Mohammed’.

“The 3rd Respondent stated that he attended Babura Central Primary School which he finished in 1976.

“The 3rd Respondent further stated that he attended G.S.S. Mador for his Secondary School and finished in 2018.

“The 3rd Respondent did not support the purported change of name with a Deed poll and publication in official gazette. In 2022 when he resigned in order to participate in the Primary Election of the 2nd Respondent (APC) and throughout his tenure his name is “Ahmed Mohammed (AK). The letter of appointment dated 24” September, 2019 from the office of the Secretary to the State Government appointing the : Respondent as a Special Adviser on Political Matters, wherein he was addressed as Ahmed Mohammed (AK) is hereby attached and marked as Exhibit DY 8. 20.

“I know as a fact the 3 Respondent did not attend Babura Central Primary School or G.S.S. Mador as he claimed in Exhibit DY 21.

The 3rd Respondent did not change his name from “Ahmed Mohammed?” to “Aminu Kanta”.

“The 3rd Respondent served the Government of Jigawa State as Commissioner and as a Special Adviser between 2015 and 2022 as ‘Ahmed Mohammed (AK)’. The ‘Approval of Resignation of Appointment as Special Adviser to the Governor of Jigawa State’ dated 19th May, 2022, conveying the approval of the Governor of Jigawa State, of the resignation of the 3rd Respondent as Special Adviser with effect from 16th May, 2022, is attached to this Affidavit and marked as Exhibit DY 9.”

The plaintiff also prayed the court for the following reliefs: A declaration that by the combined provisions of section 66(1)(i) of the 1999 Constitution and section 29(5) and (6) of the Electoral Act 2022, a candidate who has given false information in relation to his Constitutional requirements to contest an election is liable to be disqualified from contesting the said election;

A declaration that by the combined provisions of section 66(1)(i) of the 1999 Constitution and section 29(5) and (6) of the Electoral Act 2022, the 3rd Respondent has given false information in relation to his name, when he claimed that his name is Aminu Kanta and that Ahmed Mohammed is his former name, in the Affidavit in Support of Personal Particulars submitted to the 1st Respondent (INEC) as the candidate of the 2nd Respondent for the seat of Member of the House of Representatives, representing Babura/Garki Federal Constituency in the 2023 General Elections.

An order of this honourable court disqualifying the 3rd Respondent from contesting for the seat of Member of the House of Representatives, representing Babura/Garki Federal Constituency in the 2023 General Elections, as a candidate of the 2nd Respondent;

An order of this honourable court declaring the Plaintiff the candidate of the 2nd Respondent for Babura/Garki Federal Constituency in the 2023 General Elections; the Plaintiff having scored the second highest number of votes at the Primary Election conducted by the 2° Respondent for the seat of Member of the House of Representatives, representing Babura/Garki Federal Constituency.

An order directing the 1st Respondent to substitute the name of the 3rd Respondent with the name of the Plaintiff as the candidate of the 2nd Respondent for Babura/Garki Federal Constituency in the 2023 General Elections; the Plaintiff having scored the second highest number of votes at the Primary Election conducted by the 2nd Respondent for the seat of Member of the House of Representatives, representing Babura/Garki Federal Constituency.

The case has been fixed for September 9, 2022 for hearing