Justice Emeka Nuyet of the Abuja Constituency of the Federal High Court on Tuesday dismissed a case challenging the nomination of Muhammad Kamila as the People’s Democratic Party (PDP) candidate, in the Borno Central District Senate elections.
Judge Nwit dismissed Mr. Jibreen Tatabe’s claim as incompetent and lacking merit.
Tatabee had dragged his party, the Independent National Electoral Commission, the Independent National Electoral Commission, Mr. Mohamed Kamila and three others to court for allegedly substituting his candidacy in the February 25 Senate election for the Borno Central seat.
The plaintiff had won the 23 May 2022 PDP primary election for Borno Central seat in the Senate.
However, in a letter dated 14 July 2022, he voluntarily withdrew as a PDP candidate in the upcoming upper house elections in Borno State.
After its withdrawal, the party then held a new primary election on 15 July 2022, which then produced Kamila as the party’s candidate.
Accordingly, the PDP submitted Mohammed Kamila’s name to the Independent Electoral Commission, which was in turn published by the electoral ruling as the PDP’s candidate for the upper house elections in Borno Central.
But in its lawsuit marked FHC/ABJ/CS/1240/2022, the plaintiff alleged that contrary to the defendants’ position, he did not withdraw from the Senate poll, adding that the withdrawal letter including his signature was forged.
Therefore, he asked the court to annul the aforementioned letter of withdrawal, dismiss Kamila and declare him the real candidate of the party.
Judge Noitt issued a ruling in the matter on Tuesday, agreeing with the PDP and Kumaila that the plaintiff’s case was flawed after it was initiated by an original summons rather than a subpoena.
The judge considered that the allegation of forgery is criminal in nature and must be proven beyond any doubt.
While in the original summons, the case is determined by documentary evidence only, witnesses must be called to provide oral and documentary evidence in a case initiated by a subpoena.
In a criminal case like this, the failure of the plaintiff to call witnesses to substantiate his allegations is said to result in death in the case and thus the judge dismisses it.
The Abuja Court dismisses the fraud claim against the Borno Central Senate candidate, the National Democratic Congress Party, the Democratic Progressive Party