On Tuesday, the Peoples Democratic Party, PDP failed to convince the Federal High Court sitting in Abuja, to set aside the Independent National Electoral Commission’s publication of the name of Gombe state governor, Mohammed Inuwa Yahaya, as the governorship candidate of the All Progressive Congress.
The PDP had alleged before the court that the governor, who is seeking reelection, presented a forged certificate to the electoral umpire and deserves to be barred from parading himself as the APC candidate for the 2023 gubernatorial poll.
The matter was filed by the PDP, Muhammed Jibrin and Barde Hon. Timothy A. Danlele , against INEC, APC, and Mohammed Inuwa Yahaya.
But in a preliminary objection obtained by our correspondent on Tuesday, counsel for the APC and Yahaya, Marshal Abubakar Esq, urged the court to decline jurisdiction in the case because the plaintiff had no legal right (locus standi) to challenge his client.
“By virtue of section 6 (6) (b) of the 1999 Constitution as amended and section 84 sub 13 and 14 of the Electoral Act, 2022, the plaintiffs suit did not disclose any question as to their civil rights and obligations worthy of your lordship’s consideration.
“There is no reasonable cause of action inuring from the plaintiffs in the instant suit against any of the defendants in the instant suit.
“In the absence of locus standi on the part of the plaintiffs who initiated this action this honourable court cannot competently exercise jurisdiction over this suit,” Abubakar said.
Abubakar maintained that only an aspirant who participated in the primaries of his political party can sue in such a case.
In her ruling on Tuesday, Justice Binta Nyako agreed with the APC that the court lacked jurisdiction to determine the case.
She therefore struck out the application for want of jurisdiction and lack of competence.