The Federal High Court, Abuja on Friday, sacked Abdulrauf
Modibbo as member-elect representing Yola South/Yola North/Girei Federal
Constituency of Adamawa in the National Assembly.
Justice Inyang Ekwo nullified Modibbo’s election while
delivering judgment in a suit filed by Mustapha Usman, challenging the
election.
Modibbo was declared the winner of the All Progressives
Congress’ primaries held on Oct. 7, 2018, in Yola, and eventually represented
the APC in the 2019 general elections, which he was also declared the winner.
Usman dragged Modibbo
to court after the election alleging that he falsified his age and was not
eligible to contest the APC primaries.
He prayed the court to disqualify Modibbo as APC candidate
for Yola North/Yola South/Girei Federal Constituency.
He joined the APC and the Independent National Electoral
Commission, (INEC) as defendants in the suit.
Justice Ekwo in his judgment declared that Modibbo was not
qualified to contest the APC primaries as well as the 2019 House of Representatives
election for the federal constituency.
The court held that Usman was the lawful winner of the Oct.
7, 2018 APC primaries and candidate of the party for the constituency.
The judge further held that Usman had successfully proven
beyond a reasonable doubt that Modibbo falsified his age severally in order to
contest election.
The court also noted that the plaintiff proved that Modibbo
submitted the forged certificates for the purpose of contesting the party
primaries.
The court also held that Modibbo was a serving National
Youth Corps member when he contested the primary election saying the action
breached Section 4 of the NYSC Act 2004.
“A person who is a lawbreaker cannot be a lawmaker, this
illegality is one that cannot be wished away,” the judge said.
The judge declared that in view of the disqualification
Modibbo, Usman who polled the 2nd highest votes in the Oct. 7, 2018 primary
election of the APC for Yola South/Yola North/Girei Federal Constituency of
Adamawa was the lawful winner.
Justice Ekwo gave an order directing the APC and INEC to
immediately replace Modibbo’s name with that of Usman as the lawful candidate
of the APC for the federal constituency.
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