Elisha Abbo, the senator for Adamawa North, has said that he will continue to run as the APC’s nominee in the upcoming general elections in 2023, despite a court decision that removed him from the position on Monday.
Abbo exclusively revealed to Newsmen on Wednesday that the court decision had no foundation and shouldn’t be taken seriously.
Abbo was removed from consideration as the senate candidate for Adamawa North in the upcoming general election by a Yola High Court on the grounds that he had been dismissed from the party and thus should not be recognized in that capacity.
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As a result of his expulsion from the party, the judge, Justice Danladi Mohammed, ruled that Senator Abbo was ineligible to run for re-election.
Elisha Abbo, the senator for Adamawa North, has said that he will continue to run as the APC’s nominee in the upcoming general elections in 2023, despite a court decision that removed him from the position on Monday.
Abbo exclusively revealed to Newsmen on Wednesday that the court decision had no foundation and shouldn’t be taken seriously.
Abbo was removed from consideration as the senate candidate for Adamawa North in the upcoming general election by a Yola High Court on the grounds that he had been dismissed from the party and thus should not be recognized in that capacity.
As a result of his expulsion from the party, the judge, Justice Danladi Mohammed, ruled that Senator Abbo was ineligible to run for re-election.
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He said, “It’s not a serious thing though, they only wanted to draw media attention and publicity because I am involved. Outside of the media attention, it is absolutely nothing; I am neither bothered nor worried because they do not have a case against me.”
The politician urged his supporters to ignore the judgment and declared he would appeal the case to the Court of Appeal.
He said, “You can imagine a state High Court assuming jurisdiction against the Independent National Electoral Commission.
“Agitating over an ongoing case in the Federal High Court, the truth is that they have delivered their judgement which is what the Peoples Democratic Party wanted in collaboration with some people in the APC.”
Additionally, Abbo stated that the court’s decision was invalid because it excluded the necessary parties.
He said, “They have delivered their judgement without involving the INEC, because in this case as it is, INEC is a party and the National Chairman of the party is also a party.
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“All they are doing is just noise and that is where it would end. I am still the candidate of the party and I am the one holding the party’s mandate.”
The senator from Adamawa added that although he doesn’t take the court’s decision seriously, he will appeal it in order to set a precedent and prevent similar actions in the future.
He said, “I will appeal so that tomorrow, when someone is a candidate of the party but because the state chairman of the party isn’t comfortable with such a person, they would not start threatening such with impeachment.
“I will appeal the case in order to serve as a deterrent to others and not set an evil precedence. Our democracy in Nigeria is a growing democracy, it hasn’t still matured, and we are still monitoring our democracy.
“The judiciary is a part of any democratic process and to ensure that democracy grows, we have to find a way through which we can continue to dispel this kind of cases so that they won’t try it with someone who doesn’t know what to do or where to go, so that is why I am going to the Court of Appeal to set this aside.
“You cannot assume jurisdiction over INEC as a state High Court. I am still the candidate of the party and that stands as it is.”
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Femi Falana, a senior Nigerian advocate, weighed in on the state court’s authority to hear the issue and claimed that the Electoral Act could not trump the Constitution’s provisions.
Falana said, “He has said he’s going on appeal, the appeal court will decide that. I don’t agree with him that the state High Court does not have the power to preside over the case.
“The state court has an unlimited jurisdiction in matters of that case, the Electoral Act cannot amend the constitution, and the constitution is higher than the Electoral Act in the hierarchy of the superiority of the law in Nigeria.”
He added, “The attempt by the National Assembly to hijack the powers of the state High Court is subversive of the tenets of federalism.
“Without amending the Constitution, the powers of the state court cannot be eroded.”
In contrast to his colleague, senior attorney Rasheed Adegoke remarked that while the Constitution was supreme, it was appropriate for a Federal High Court to preside over electoral concerns as such.
He said, “If the case can be described to be a pre-election matter, in respect of which a person’s candidature is being challenged, then it ought to go to the Federal High Court and not the state High Court.
“If he challenges the jurisdiction of the state High Court on that basis, it would make a lot of sense.
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“And considering the grounds upon which they are proceeding, except if a person has a fuller detail, but from what I have known, I believe the state High Court might not be able to hear the matter.”
“It would be an abridge of the court process and ousted by law because the Electoral Act only vets electoral matters in the Federal High Court, so it should be outside of the state High Court to entertain,” Adegoke added.
Our correspondent checked the INEC website and discovered that Abbo’s name was still listed there as the APC Adamawa North senatorial candidate.
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