Nullify Benue APC primaries – Gamade tells court

Senator Barnabas Gemade, Thursday, urged the Federal High Court in Makurdi to nullify the gubernatorial primary election of the All Progressives Congress, APC, in Benue State.

He also urged the court to order for a fresh gubernatorial primary election in Benue State and also grant all the release sought in suit No: FHC/MKD/CS/55/2022.

Gemade instituted the suit against the APC, Rev. Fr. Hyacinth Alia and the Independent National Electoral Commission, INEC, seeking for a declaration that the purported primary election by the APC held on May 27 and June 9, which produced Alia as flag bearer of the party was not done in compliance with section 77 and 84 of the Electoral Act 2022 and the Constitution of the Federal Republic of Nigeria and INEC/APC guidelines

When the case came up for hearing, counsel to Rev. Fr Hyacinth Alia, Usman Sule, SAN, that of the APC, Mathew Burkaa, SAN, brought a preliminary objection to the suit filed by Gemade saying the suit was filed out of time, so the court has no jurisdiction to entertain the suit.

In his reply, Gemade’s counsel, Jibrin Okutepa, SAN, submitted that the re-run election was conducted on the 9th of June, 2022 and the suit was filed on the 10th of June, 2022, so the suit can not be out of time.

He urged the court to dismiss the preliminary objections.

In the main suit, Okutepa, SAN, urged the court to nullify the election that produced Rev. Alia as the party didn’t comply with Section 87 and 84 of the Electoral Act 2022, relevant sections of the constitution of the Federal Republic of Nigeria, APC and INEC guidelines and regulations.

He urged the court to order for fresh election and also grant all the reliefs sought.

Counsel to the APC, Mathew Burkaa, SAN, urged the court to dismiss the suit that the election was conducted in line with the provision of of the Electoral Act 2022, INEC and APC guidelines.

Counsel to Rev. Alia, Usman Sule, SAN, aligned himself with the submission of Burkaa, SAN.

Counsel to INEC, K.N Collins submitted that the commission will comply with the order of the court.

After listening to the arguments of the lawyers, the Presiding judge, Justice Abdul Dogo adjourned the matter for judgement on a date to be communicated to the parties in the suit.