A Federal High Court in Abuja has sacked Musa Salihu Mubarak as the gubernatorial candidate of the New Nigeria People’s Party (NNPP) for Kogi State in the November 11 election, over unlawful substitution.
Justice James Kolawole Omotosho removed Mubarak from the governorship race in Kogi on the ground that his name was fraudulently submitted to the Independent National Electoral Commission (INEC) as NNPP governorship candidate.
In a judgment on Tuesday, Justice Omotoso ordered that Hon Hassan Abdullahi be restored as the party’s flagbearer for the state, having lawfully won the primary election of the party conducted on April 16, 2023, in Lokoja, the Kogi State capital.
Justice Omotoso found as a fact that Abdullahi won the nomination election with 303 votes, while Mubarak came second with only 10 votes at the April 16 Kogi State governorship primary election.
In the judgement, the court held that the submission of Mubarak’s name over and above that of Abdullahi was the highest point of injustice and a glaring fraud that must not be allowed to stand.
The judge said that the submission of Mubarak’s name, who scored only 10 votes, to INEC and publishing same by the electoral body is unlawful, illegal, null and void and of no effect whatsoever.
Justice Omotoso found that the plaintiff’s name was submitted to INEC along with that of Mubarak on April 28 while that of Mubarak was fraudulently recognised.
The judge held that since Abdullahi won the popular and undisputed primary election, as reflected by INEC monitoring report and his name submitted, only death or voluntary withdrawal can remove same from the published names of the gubernatorial candidates.
The court invoked Section 84 of the Electoral Act 2022 and declared the submission, recognition and publication of the name of Mubarak as NNPP governorship candidate for Kogi as unlawful acts.
While ordering immediate publication of the name of the plaintiff, Justice Omotoso issued an order of perpetual injunction against NNPP, INEC and their agents from further depriving the plaintiff the fruits of his success at the primary election of the NNPP.
