Terfa Ayaga
19 November 2008
Yola — The Federal High Court in Yola, Adamawa state capital on Monday dismissed the suit filed by Chief Danladi Baido, challenging the declaration of People's Democratic Party (PDP), candidate in the April, 14th 2007 general election, Danbaba Danfulani Suntai as the Governor of Taraba State.
Baido was the candidate of the party in the governorship race before the PDP in Taraba state opted for a change of his candidature in the election.
As a result of this, Baido who ran to the High Court to seek redress where he prayed the court to sack the incumbent governor of the state, questioning whether the Independent National Electoral Commission (INEC), acted right by disqualifying a duly nominated candidate of a political party few days before the elections.
According to the submissions made by his counsel, Chief A. K. Akintola (SAN) he asked whether a candidate that contested and won governorship primary conducted under the constitution of his party and was validly nominated party could be disqualified from contesting election by the Independent National Electoral Commission (INEC).
He however prayed the court to determine whether a political party could legally or illegally substitute the name of a duly nominated Governorship candidate without complying with the provisions of section 34 (1) and (2) of the electoral Act 2006.
But, after thorough submissions, Justice S.M. Shuaibu, in a 64-page judgement, ruled that Baido relaxed to challenge the purported illegal nomination and election of suntai at sensitive time and points, thereby allowing the events to be over taken by time.
According to him, the plantiff's claim as constituted particularly in relation to relief's No.9 and 10 was bad because a necessary party, Danbaba Danfulani Suntai, remained the holder of the certificate of return already issued by the 1st Defendant is not a party to the suit and that the Court cannot order issuance of another certificate of return to Baido.
Justice Shuaibu said the Court was not a charitable organization that should grant Baido what he never sought for in the Court by praying the court to order the first defendant, Independent National Electoral Commission, INEC, to issue another certificate of return as Governor of Taraba state.
He declared that the certificate of return in possession of Danbaba Suntai as dully elected governor of Taraba state had not been nullified by a competent court of law and that two persons could not legally claim the office of governor of a state at time.
Justice Shuaibu also declared that Baido failed to challenge the nomination of Suntai as the governorship candidate of the People's Democratic party, PDP in Taraba state before the election Tribunal within three months after the general election neither did he challenge same at a competent court of law shortly after the said election.
He added that it was an effort in futility for Baido to have filed a suit on May, 15th 2008, more than a year after the said governorship election in Taraba state, saying INEC carried out the declaration of Suntai in good faith in accordance with the provision of electoral Act 2006.
The court finally declared that it lacks the jurisdiction to hear the case, on the ground that the first and second defendants in the suit, INEC and PDP respectively had challenged the competence of the court to hear the matter.
Justice Shuauibu also stated that jurisdiction is a radical and critical question of competence since the jurisdiction of the court is questioned, the plaintiff seek redress in upper courts.
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