Justice Emeka Nwite of the Federal High Court, Abuja Division, yesterday, dismissed a suit challenging the nomination of Mohammed Kumaila as Peoples Democratic Party (PDP) candidate in the Borno Central Senatorial District election.
Nwite dismissed the suit brought by Jubrin Tatabe for being incompetent and lacking in merit.
Tatabe had sued PDP, Independent National Electoral Commission (INEC), Kumaila and three others alleging unlawful substitution of his candidacy in the February 25, 2023 senatorial election for Borno Central seat.
The plaintiff had emerged winner of the May 23, 2022 primary election of PDP.
He, however, was purportedly withdrawn voluntarily as PDP candidate via a letter dated July 14, 2022.
Following the purported withdrawal, the party conducted a fresh primary on July 15, 2022, which produced Kumaila as the PDP candidate.
The PDP submitted the name of Kumaila to INEC, which the electoral umpire in turn published as PDP senatorial candidate for Borno Central.
But in his suit marked: FHC/ABJ/CS/1240/2022, the plaintiff alleged that, contrary to the position of the defendants, he did not withdraw from the race, adding that the withdrawal letter carrying a semblance of his signature was forged.
He, therefore, asked the court to set aside the letter, sack Kumaila and declare him the authentic PDP candidate.
Delivering judgment in the matter, yesterday, the judge agreed with the PDP and Kumaila that the case of the plaintiff was defective, having been commenced through an Originating Summons instead of a Writ of Summons.
According to the judge, the allegation of forgery is criminal in nature and must be proved beyond reasonable doubt.
In Originating Summons, a case is determined by only documentary evidence, while witnesses must be called to give oral and documentary evidence in Writ of Summons.
In a criminal case such as this, failure of the plaintiff to call witnesses to prove his allegations is said to be fatal to the case and the judge accordingly dismissed it.
