A Federal high court sitting in Kano has struck out a suit against the lawmaker representing Takai/Sumaila federal constituency at the House of Representatives, Mohammad Shamsudden Bello Danbazau of the APC for lack of merit.
The presiding judge, Justice Lewis Allagoa, in his judgment held that application filed by candidate of the People’s Democratic Party, Sirajo Idris Kanawa seeking to unseat the sitting lawmaker had already been determined by the apex court.
Justice Allagoa revealed that lower court is incompetent to rule on the jurisdiction of the upper court, he declared that the decision of supreme court on the matter superseded any other matter therein.
The PDP candidate in Takai/Sumaila Federal constituency, Kanawa, in his originating sermon, sought the court to determine whether a candidate, who did not participated in the conduct and process of February 23rd, 2019, National Assembly election should be declared winner of the election, pursuant to section 285 (13) of the constitution.
The plaintiff had also asked the court to declare the action of Independent National Electoral Commission (INEC) in the issuance of certificate of return to Danbazau as null and void.
Similarly, the PDP candidate wanted the court to declare him rightful winner of the election, having secured the lawful votes. In his counter affidavit, counsel to INEC, (1st respondent) Hassan Aliyu challenged the jurisdiction of the court to sit on a subject matter already heard and determined by both court of Appeal and Supreme court while asking the court to strike out the PDP candidate’s application for lack of merit.
It could be recalled that, the legal battle on the Takai/Sumaila constituency started when former special adviser to president Muhammadu Buhari on house of representatives, Abdulrahman Kawu Sumaila won the seat on the platform of APC.
The apex court ordered INEC to withdraw certificate of return from Sumaila and handed over to Danbazau who was declared the party’s candidate when Danbazau headed for legal solution which went up to the supreme court.