A Federal High Court sitting in Abuja has sacked Aminu Kanta, the House of Representatives candidate for the Babura/Garki Federal Constituency of Jigawa State, in the 2023 general elections.
Justice Emeka Nwite sacked Kanta who was declared the winner of the primary election in the state for submitting a false name.
The court hence declared Alhaji Isa Dogonyaro, as the lawful candidate for the APC House of Representatives primary.
Kanta had previously claimed his name was Ahmed Mohammed – a claim which Dogonyaro challenged in court, while alleging that Kanta contested the primary election under a false name.
The plaintiff had approached the court, through his Counsel, Sunusi Musa Esq., to decide whether or not by the combined provisions of Section 66(1)(i) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (1999 Constitution) and Section 29(5) and (6) of the Electoral Act 2022, a candidate who has given false information in relation to his Constitutional requirements to contest an election is liable to be disqualified from contesting the said election.
He also prayed the court to decide whether or not by the combined provisions of section 66(1)(i) of the 1999 Constitution and section 29(5) and (6) of the Electoral Act 2022, the 3rd Respondent has given false information in relation to his name, when he claimed that his name is Aminu Kanta and that Ahmed Mohammed is his former name, in the Affidavit in Support of Personal Particulars submitted to the 1st Respondent as the candidate of the 2nd Respondent for the seat of Member of the House of Representatives, representing Babura/Garki Federal Constituency in the 2023 General Elections.
He also prayed the court for a declaration that in view of the combined provisions of Section 66(1)(i) of the 1999 Constitution, and Section 29(5) of the Electoral Act, 2022, the 3rd Respondent has submitted false information as it relates to his Constitutional requirements for eligibility to contest the election for the seat of Member, House of Representatives for Babura/Garki Federal constituency in the 2023 General Elections.
In his judgement, Justice Nwite declared that Aminu Kanta gave false information in relation to his name, when he claimed that Ahmed Mohammed was his former name in the affidavit in support of personal particulars submitted to the 1st Respondent (INEC) as the candidate of the 2nd Respondent (APC) for the seat of Member of the House of Representatives.
Nwite said, “That an order of this Honourable Court is hereby made, disqualifying the 3rd Respondent (Aminu Kanta) from contesting for the seat of Member of the House. of Representatives, representing Babura/Gorki Federal Constituency in the 2023 General Elections, as a candidate of the 2nd Respondent.
“That an order of this Honourable Court is hereby made declaring the Plaintiff the candidate of the 2nd Respondent for Babura/Garki Federal Constituency in the 2023 General Elections; the Plaintiff having scored the second highest number of votes at the Primary Election conducted by the 2nd Respondent for the seat of Member of the House of Representatives, representing Babura/Gorki Federal Constituency.
“That an order of this Honourable Court is hereby made directing the 1st Respondent to substitute the name of the 3rd Respondent with the name of the Plaintiff as the candidate of the 2nd Respondent for Babura/Garki Federal Constituency in the 2023 General Elections; the Plaintiff having scored the second highest number of votes at the Primary Election conducted by the 2nd Respondent for the seat of Member of the House of Representatives, representing Babura/Garki Federal Constituency.”
