APPEAL COURT SACKS AIDA NATH: DECLARES HON OTTAH AS PDP CANDIDATE.

By Abdulateef Bamgbose

The Court of Appeal sitting in Abuja granted their wish by disqualifying Aida Nath and ordered the PDP to forward the name of The Hon. Dr. Francis Ottah Agbo to INEC as the validly nominated candidate for Ado/Ogbadibo/Okpokwu Federal Constituency in the forthcoming general election.

Hon Ottah had gone to court to challenge the eligibility of Aida to participate in the May 23, 2022 Primary Election of the PDP while on the payroll of the Federal Inland Revenue Service (FIRS) without resigning as an employee.

In a judgement on November 21, 2022, Justice Abdul Dogo of the Federal High Court Makurdi held that the contemplation of the 1999 constitution (as amended) in section 66(1)(f) is for Civil/Public servants to resign 30 days before the general election and not the primary election.

Dissatisfied with the judgement, Hon Ottah approached the court of appeal for interpretation of the said section and the violation of other subsidiary laws.

A 3 member panel of Judges comprising of M.I Sirajo (Presiding Judge), R.M Abdullahi and B.I Gafai heard the appeal on December 24, 2022 when counsel to Aida, Barr. K.C Ikonne withdrew his preliminary Objection to the appeal and tendered an apology to counsel to Hon Ottah, Chief Kanu Agabi S.A.N for wrongly accusing him and his client of not transmitting full record of the case.

Judgement was thereafter reserved for a later date after all parties adopted their processes.

Delivering judgement on Thursday January 12, 2023,, Justice B.I Gafai held that the trial court erred when it said the appellant had no right to challenge the decision of PDP to cleared the first respondent is perversed and hereby set aside.

On the merit of the case, the authority of Modibo vs Usman is relevant to this case and the decision of the first respondent not to resign her employment is against the provisions of section 66 (1)(f)

The participation of first respondent in the primary election of the PDP is Unlawful and invalid and is hereby set aside.
The appeal succeeds.

PDP to withdraw the certificate of return issued to Aida and a new one issued to the appellant.