17 March 2011

Nigeria: Bauchi Guber - Court to Hear Case Against Cpc Candidate

Abuja — The Federal High Court sitting in Abuja yesterday adjourned till March 24 for further hearing the suit challenging the candidacy of Hon. Yusuf M. Tuggar as the gubernatorial candidate of Congress For Progressive Change [CPC] in Bauchi state for next month elections.

Presiding judge, Justice Adamu Bello also granted leave for substituted service on the [CPC]by pasting the originating summons on the wall of its National Headquarters located at plot 1132 Utako District, Abuja.

CPC gubernatorial aspirant, ARC. Muhammed Abdullahi Dewu had dragged the party, Hon. Yusuf Tuggar and the Independent National Electoral Commission before the court after the CPC unilaterally presented Hon. Yusuf Taggar's name as it gubernatorial candidate for Bauchi State to INEC.

At the hearing on Tuesday, Counsel to the plaintiff, Mr. Livnus Okere informed the court that the party have evade service and frustrated all efforts to have the CPC officials serve with court processes. He said the motion for substituted service was in pursuance to order 6, 5(a) &(b) , Order 26 rule 8 (1) as well as order 56 rule (1) of the Federal High Court.

According to the processes filed in court, Dewu prayed the court to set aside the purported nomination of Hon. Tuggar as the gubernatorial candidate of CPC for Bauchi State. He also asked for mandatory injunction restraining CPC and INEC from recognizing Hon. Tuggar or any other person apart from himself as the gubernatorial candidate of the party in Bauchi state.

he further sought an order compelling the CPC and INEC to declare the plaintiff as the duly elected candidate for the Governorship primaries election conducted on the 15th January 2011 in Bauchi state based on result sheet that was authenticated by INEC and security agencies that monitored the primaries,

The plaintiff also raised four question for determination , whether having regard to the provisions of section 87 (b)( II) of the Electoral Act 2010 as Amended, was the CPC right in forwarding the Hon.Yusuf Tuggar's name as the gubernatorial candidate for Bauchi State for April election .

Secondly , whether INEC and CPC are not bound to declare the plaintiff as the winner of the Gubernatorial primaries conducted on the 15th January 2010 on the platform of the CPC, and whether they were right not to have declared the result of the primaries .

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