The All Progressives Congress (APC) gubernatorial candidate in Borno State, Prof. Babagana Zulum suit objecting his victory at the party’s primary instituted at a Federal High Court of Justice sitting in Maiduguri was on Thursday adjourned till January 30.
The objection to his victory was instituted by another aspirant at the primary, Alhaji Idris Durkwa who prayed that his election should be annulled on the ground of irregularities.
Durkwa had alleged, in a suit FHC/MG/CS/55/2018, that many of the delegates were not on the party’s lawful list as the backers of Zulum brought those allowed to vote in after the qualified delegates were chased away.
The lead counsel to the plaintiff, Ibrahim Bawa SAN, had filed an application for amendment to his originating summon for 1st and 2nd. He argued that pre- election matter is election matter that the two were not guided with the same and prayed that his application should be granted.
The lead Counsel to defendant, Yusuf Ali SAN however opposed it, filing a motion of extension of time to filed counter affidavit and address to the main application. Then 1st and 2nd defendants, Zulum and INEC, also filed a counter motion for amendment to the originating summon.
In his ruling, Justice Jude Dagat of the Federal High Court Maiduguri adjourned the matter to 30th of January 2018 for ruling of motion and application.
Speaking to journalists after the court sitting, the lead counsel to the plaintiff, said it is within their right to seek for amendment under the constitution.
Bawa said: “You see by the rule of court the parties is entitled to amendment in the case to bring proper position to the court, that is what we have just decided to do, we exercised our right to amendment, the decision of the defendants to opposed it is also natural and the court has right whether we are correct or not, we will wait for decision of the court during the next sitting date.”
The lead counsel to the defendants Yusuf Ali opposed it and said it was unconstitutionally.
“It is coming too late, the constitution gives a maximum of 14 days after primary elections was held, if you are dissatisfied and primary took place last year you cannot be bringing something new now, so it is unconstitutional and we are defending the constitution.”