The crisis rocking All Progressive Congress (APC) in Borno State seems to have depeened as the party has been dragged to court by one of the aspirants in the gubernatorial primary, Alhaji Idris Durkwa, over alleged manipulation of the process.
The plaintiff in suit number: FHC/MG/CS/55/2018 institute before a Maiduguri Federal High Court prayed for the disqualification of the victor at the primary, Prof. Babagana Zulum as the candidate of the party, alleging that many of the delegates were unlawful as those legally qualified were chased away.
The lead counsel to the plaintiff, Ibrahim Bawa said in the originating summon filed on 19 October, 2018 before the court sitting in Maiduguri that based on non-participation of lawful delegates, the primary were Zulum emerged the candidate of the party should be declared “illegal, unlawful, null and void, and of no effect whatsoever.”
He asked that an order of perpetual injunction should be issued prohibiting or restraining the first respondent, APC, from recognizing the second respondent, Zulum, as the Borno State gubernatorial candidate.
He also asked that an order should be given declaring him (the plaintiff, Durkwa) as the candidate of the first respondent (APC) having scored the highest legal votes.
Arguing the position of the first and second respondents, the chief counsel, Kehinde Eleja (SAN), filed a preliminary objection and counter affidavit challenging the plaintiff’s declaration.
However the counsels to the third respondent, the Independent National Electoral Commission (INEC), could not filed their processes in time for Tuesday sitting but came pleading for time.
In his ruling, Justice Jude Dagat of the Federal High Court Maiduguri adjourned the case to 17th of January 2018 for hearing.
He told all the parties to file and serve all their processes before the day.
Speaking to journalists after the court sitting, the lead counsel to the respondent said the primary was won fair and sphere and it was unbelievable that the plaintiff would be bringing up the case.
Eleja said they are prepared to bring up their case at the next sitting of the court and would be disputing the jurisdiction of the Maiduguri Federal High Court to entertain the case.