Court dismisses PDP application against son of ex-Chief of Army Staff, APC Dambazau’s election

By Muhammad Muhammad

A federal high court sitting in Kano on Monday dismissed an application filed against a member,  house of representatives, representing Takai/Sumaila federal constituency of Kano state, Mohammad Shamsudeen Bello Danbazau for lack of merit.

The presiding judge, Justice Lewis Allagoa, in his judgment held that the application filed by the candidate of the Peoples Democratic Party (PDP) Siraju Idris Kanawa seeking to unseat the legislator and member of the ruling All Progressives Congress (APC) and son of former minister of interior, Abdulrahman Bello Danbazau had already been determined by the apex court.

Justice Allagoa held that the lower court was incompetent to rule on the jurisdiction of the upper court, declared that the decision of the supreme court on the matter supersede any other matter therein.

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On the motion challenging the court’s jurisdiction to hear the matter, Justice Allagoa ruled that attempt to precede on the matter would amount to review of the judgments of appeal and supreme courts, which he described as a mere academic exercise.

The PDP candidate in Takai/Sumaila Federal constituency, Kanawa, in his originating sermon, sought the court to determine whether a candidate, who did not participated in the conduct and process of February 23rd, 2019, national assembly elections should be declared winner of the election, pursuance to section 285 sub-section 13 of the constitution.

The plaintiff had also asked the court to declare the action of Independent National Electoral Commission (INEC) in the issuance of certificate of return to Danbazau as null and void.

Subsequently, the PDP candidate wanted the court to declare him rightful winner of the election, having secured the lawful votes.

In his counter-affidavit, counsel to INEC, (1st respondent) Hassan Aliyu had challenged the jurisdiction of the court to sit on a matter already heard and determined by both court of Appeal and Supreme court while asking the court to strike out the PDP candidate’s application for lack of merit.

Similarly in their separate counter-arguments, counsels to Danbazau (3rd respondent) Nuraini Jimoh

and APC (2nd respondent), Abdulafeez D. Khalid had described the plaintiff’s application as mere academic exercise that will end in futility.