Fed High Court struck out suit challenging Gov Yari’s victory
By Alex Uangbaoje, Kaduna.
The Federal High Court sitting in Kaduna yesterday struck out the suit challenging the election and victory of Governor Abdulazeez Yari of Zamfara State.
Alhaji Bello Bara’u Gusau had approached the court in suit number FH/KD/CS/103/2014, in a case against the All Progresive Congress (APC), Alhaji Shaba Lafiagi, Abdulazeez Yari and the Independent National Electoral Commission (INEC) as 1st, 2nd, 3rd and 4th defendants.
In the suit, he challenged why he was screened as a governorship aspirant and issued with certificate to contest the primary under the APC and thereafter prevented from participating in the primary.
He prayed the court to nullify the primaries that produced the 3rd defendants as the candidate of the APC and now the Governor elect.
In her judgement however, the presiding judge, Justice Evelyn N. Anyadike said, “presently, the reliefs sought against the 1st-3rd defendants centres on pre-primary election matters and which is entirely the affairs of the 1st defendant and not justiciable before this court and as such I lack jurisdiction to entertain the reliefs sought against the 4th defendant which is only ancillary.
“Issues numbers 3 and 4 are also resolved in favour of the defendants on the above, the principles, objections of the 1st and 3rd are hereby sustained since the plantiff lacks locus standi to approach the court in the 1st place and since the matter is not justiciable coupled with the facts that this court lacks jurisdiction to entertain same.
“The matter ends there, and there is therefore no need to look into the merit, accordingly the suit is hereby struck out”.
Counsel to Alhaji Gusua, Ugo Udoji expressed satisfaction with the judgment.
On his part, counsel to Governor Yari, Sani Katu commended the judgment and expressed confidence in the judiciary.