An Abuja Federal High Court yesterday dismissed a suit filed by three members of the Peoples Democratic Party (PDP) against Yobe State governorship candidate of the party, Senator Usman Albishir, asking the court to declare him ineligible and unqualified to contest in the April 2011 general elections.
In dismissing the suit, Justice Gabriel Kolawole said the plaintiffs (Ali Danladi, Mohammed A. Mohammed and Mohammed Bako) lacked the locus standi to institute the action.
The plaintiff, through their Counsel Dandison Akurunwa had said that Albishir was implicated in fraudulent business transactions in the case of West African Breweries Limited Vs Savannah Ventures Limited and five others on May 27, 2002; thus he is not eligible to contest the April 2011 election because of his indictment in the Supreme Court judgment, saying his conduct as held by the apex court amounts to fraud.
“The constitution provisions are quite clear; if one is indicted on fraud, the person won’t be eligible to contest an election. Albishir’s lawyer is saying it was a civil matter and not a criminal one, but fraud is fraud irrespective of where it is held,” Akurunwa said.
But Counsel to Albishir, I .N Ambule had described the plaintiffs as mere busy bodies who lack the locus standi to institute the suit.
He said the suit was built on Section 182 (i) (i) of the 1999 constitution, and the provision was premised on administrative or tribunal of inquiry which must have investigated a party and found him or her indicted of criminal charge and a court judgment in a civil case can’t take the place of what the law says.”
He also said even if Albishir was indicted by the Supreme Court, it cannot stop him from contesting or becoming the governor of Yobe State.
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Court dismisses suit against Albishir