From Yakubu Mustapha, Minna
The All Progressives Congress (APC) and Independent National Electoral Commission (INEC) has described as frivolous claims by Mohammed Sani Musa that he won the party primaries in Niger East senatorial district.
The aspirant in his application for restraining injunction filed in a federal high court in Abuja. insisted that he was never nominated or substituted as the candidate of the party in the last October primaries.
Responding to the application filed through motion on notice, at the Federal High Court Abuja, the party and the commission argued the plaintiff claim to have won the party’s Niger East Senatorial primaries but substituted by Senator David Umaru was frivolous and misleading.
The legal teams of INEC and APC led by Barrister Alhassan Umar and S. I. Ameh (SAN) including Barrister Chris Osuagu for the 3rd respondent in their respective arguments said that the plaintiff was lost in his imagination over claims of winning an election that was inconclusive and cancelled.
In counter affidavits addresses to the court, the counsels argued that the aspirant, Mohammed Sani Musa was never nominated as the party’s candidate.
According to them, Senator David Umary was the authentic Niger East senatorial candidate whose name has been nominated, announced and published days before the restrictive application was filed.
They argued that the application for restraining order was incompetent as there was no evidence that Sani 313 was ever nominated as the party candidate for Niger East Senatorial District for 2019 election.
The counsels argued that Senator David Umaru has satisfied all due processes from the party to the commission in accordance with the Electoral Act as amended, adding that the court was not in position to restrain a completed action.
According to them, what was important is accelerated hearing by the court on the substantive originating summon filed by the plaintiff and not wasting the precious time of the court on frivolous application.
Mohammed Sani 313, had in a motion on notice approach Federal High Court 9 Abuja for interlocutory injunction restraining the respondents in a suit No. FHC/ABJ/CS/1210/2018 from publishing, announcing Senator David Umaru as the candidate of APC in the forthcoming elections.
The plaintiff, represented by Olabode Olanikpekun SAN claimed in his application that he was declared winner of the primaries conducted on 2ndOctober but the APC and INEC substituted and refused to publish his name as the candidate of the party for the 2019 election.