By; Abdull-Azeez Ahmed Kadir.
A Federal High Court sitting in Abuja, on Wednesday, dismissed a suit filed by Usman Ibrahim aka Sardaunan Badarawa challenging the nomination of Senator Lawal Adamu Usman for Kaduna Central by the People’s Democratic Party (PDP) for lack of merit, describing the suit as judicial rascality.
The plaintiff had in the suit, claimed he was the duly nominated candidate of the PDP at the February 25th, 2023 Senatorial election by virtue of wining a primary conducted by the party on November 7, 2022.
Delivering the judgement, the presiding judge of the Federal High Court, Maitama, Abuja, Justice James Kolawole Omotosho, examined all the contending issues pursuant to the determination of the suit by both the plaintiffs and the defendants.
While seeking to resolve the dispute, the court formulated four issues for determination viz:
1. Whether the court had jurisdiction to entertain the matter pursuant to a claim by counsel to Senayor Lawal Adamu Usman that the court lacks the jurisdiction to entertain the suit since it was statute barred.
2. Whether or not the case constitutes an abuse of court process.
3.Whether the suit constitutes estoppel res judicata
4. Whether or not the case has merit as to be adjudicated upon.
In resolving the issues, Justice Omotosho resolved the first issue in favour of the plaintiffs, citing judicial authorities from the Supreme Court that had decided on it. He therefore assumed jurisdiction in the case.
While delivering ruling on this matter, the judge concluded that the suit amounted to an abuse of court process, as the matter had been decided by the Appeal Court and affirmed by the Supreme Court.
He likened the suit to a judicial rascality, which amounted to a review of the judgement of the Supreme Court.
The Judge observed that it is trite law to review the judgment of the Supreme Court no matter how dissatisfied one is with it and that it is an enforceable judgment everywhere in Nigeria.
While determining whether the suit amounted to estoppel res judicata, the learned judge stated that one is not empowered by law to re-litigate what has been decided upon. He likened the action to flogging of a dead horse that is consigned to the dustbin of history.
Anf on the merit or otherwise of the suit and whether the plaintiff was the duly nominated candidate of the PDP, Justice Omotosho averred; “in claiming candidacy of the party because the third defendant, the PDP, only submitted his name to the fourth defendant; INEC, the plaintiff failed to take notice that the 3rd defendant; PDP, was part of the suit in the Supreme Court.”
He further stated that the judgment of the Court of Appeal had nullified the judgment of the Federal High Court, Kaduna which ordered a rerun leading to the plaintiffs nomination.
The judge observed; “a judgement can be set aside even where the outcome has been executed,” stressing that since the plaintiff’s nomination was set aside by the Appellate Court, he ceased to be a nominee of the party.
Justice Omotosho also wondered whether a person who is not a candidate can be unlawfully substituted. He reviewed the decision of the National Working Committee (NWC) of the PDP, which confirmed that they did not conduct an investigation before taking a decision on the rerun election.
He concluded by affirming that the decision of the party was final.
The plaintiffs in their suit made a claim of N60million, and since the suit was dismissed, they lost both the claim and the case.
