Penultimate week the federal high court sitting in Kaduna presided over by Justice MG Umar, in a suit filed by Ibrahim Usman challenging the declaration of Lawal Adamu Usman, popularly known as Mr LAA, as the senatorial candidate of the Peoples Democratic Party (PDP) Kaduna Central in the party primary election held on May 23, 2022, at the Ahmadu Bello Stadium Gymnasium, set aside Mr LAA’s victory and ordered for a rerun within 14 days of the date of his judgement.
In the said primaries, Mr LAA triumphed having scored the majority vote in a keen contest. He polled a total of 99 votes against his closest rival Ibrahim Usman who polled 84 votes to come a distant second. Sen Musa Bello, Ahmadu Inuwa, Talatu Shehu and Prof Usman Muhammad scored 43, 15, 5 and 2 votes, respectively. A total of 248 votes were cast out of a total of 250 voters accredited.
The returning officer Dingyadi made a public announcement of the outcome which was witnessed by all the security agencies present including the Independent National Electoral Commission, INEC. However, the National Working Committee, NWC, erroneously wrote a letter directing the repeat of the electoral process based on a petition surreptitiously submitted to undermine the process and spurn the candidature of Mr LAA.
Perhaps, the state party along with some cohorts could be complicit in the well designed plot to humiliate the former vice president by ensuring that his hands are washed off in the affairs of the PDP in Kaduna state. This is evident in the formation of the single structured campaign council in the state. His efforts to promote Sani Sidi the gubernatorial aspirant who lost to the incumbent candidate as the director general of the campaign council was thwarted. His attempt to also promote the highest ranking political office holder in the state Senator Danjuma Lar was frustrated and the state chairman was foisted on the council.
Earlier, a decision was reached for the former vice president to chair the Elders Committee which is a creation of the PDP constitution, he is yet to be inaugurated. The overall effort is seemingly to portray him as ineffective and politically irrelevant in the eyes of the Presidential Candidate, Alhaji Atiku Abubakar. The last straw that broke the camel’s back was to deny Mr LAA his well deserved victory because he was of the former VP stock.
On the strength of the earlier letter directing a rerun of the senatorial primary election and its subsequent cancellation the suit was argued before Justice MG Umar of the federal high court in Kaduna. His lordship in applying his discretionary powers did not evaluate the merits and demerits of the case. He ignored the substantive argument of the issue which is over voting.
Despite the concurrence of the arguments of the respondents, INEC and the party at the national level, he chose between two variables. Whether there was over voting or a letter instructing for a rerun superseding the final decision of the National Working Committee that the letter was issued in error as due diligence was apparently jettisoned to accede to political pressure.
Since the matter is on appeal, two things are for determination as a new matter has cropped up in view of the predetermined outcome of the judgement and the request to the national headquarters of the party to fix a date for a rerun even before the judgement is delivered. The Zamfara state PDP gubernatorial rerun has heralded a new vista into the argument. When an aspirant has no notice of fresh election served on him the election even where it is held is ultra vires, null and void and of no effect.
In a similar situation in Zamfara two times the election was nullified. This is a litmus test that will herald a new judicial order. More succinctly put Senator Musa Bello has filed a suit before the same court for determination challenging his exclusion as he was not notified of a fresh election. The Lawal Adamu Usman’s supporters should stop their panic and be optimistic that a judgement which rests on nothing cannot stand. The appellate court will do justice to the matter by setting aside the previous judgement which hinged its decision on discretion. The conglomeration of INEC, the petitioner and the party cannot be wholesomely wished away. The truth shall triumph and Mr LAA and his supporters shall have the last laugh.
Mustapha, media aide to Lawal Adamu Usman, writes from Pambegua, Kaduna state via 08169056963