An FCT high court, Apo on Tuesday fixed January 23 to hear a motion filled by Alhaji Jibrin Tatabe of the Peoples Democratic party (PDP) challenging alleged substitution of his name for the Borno central senatorial district.
Tatabe filed a motion before Justice Bello Kawu alleging that an affidavit of withdrawal from the race was forged and deposed in his name by Mohammed Kamalia and forwarded to his party.
He alleged that his party accepted it and approved it without investigating the truth.
Consequently, the party replaced Tatabe’s name with that of Kumalia.
The defendants in the matter are the Inspector-General of Police, Commissioner of Police Borno State Command, Kumalia, Dr Iyorchia Ayu, PDP National Chairman and Chief Samuel Anyanwu, PDP secretary.
Others are Umar Damagu, deputy national chairman North, Umar Bature, national organising secretary, Adeyemi Moyegun, director, office of organising secretary, PDP and Independent electoral commission (INEC).
Justice Kawu had on January 9, granted Tatabe leave to apply for an order of madamus compelling IGP and Commissioner of police Borno arrest and interrogates the 3rd to the 9th defendants.
In addition, order of mandamus compelling 1st and 2nd defendants to arrest and interrogate 3rd to 9th defendants in respect to the fake and forged affidavit dated July 11, 2022.
Also, leave to serve IGP and commissioner of police Borno with the substantive motion on Notice out of territorial jurisdiction.
At the resumed sitting on Tuesday, Tatabe’s counsel, Mr Suleiman Gane prayed the court for time to respond to the counter affidavit by the 9th defendant and prelimary objection by the 4th to 8th defendants.
The judge therefore fixed Jan. 23 to hear all the motion filed by the parties in the matter.
Justice Jude Dagat of federal high court, Maiduguri on January 9 ordered that Kumalia should stop parading himself as PDP senatorial candidate of Borno central district.
He ordered also that the publication of Kumalia’ name should be set aside having not emanated from PDP’s valid primary election conducted on Sept. 20 2022.
Dagat also gave an order of perpetual injunction restraining Kumalia from parading himself as the PDP senatorial candidate for Borno central in the forthcoming election.
