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A Federal High Court in Kaduna had in its judgment nullified the PDP primary conducted on May 23, 2022, which produced Senator Usman as the PDP candidate, and ordered a fresh poll.But an Appeal Court, in the appeal marked: CA/K/257/22 filed by Senator Usman, on December 19, 2022, set aside the judgment of the trial court that ordered for the November 7, 2022, primary election.
However, the plaintiff, unsatisfied with the decision, sued the Independent National Electoral Commission, Lawal Usman, and the PDP as first to third defendants respectively before Justice Omotosho of the FHC, Abuja.But in his judgment on Wednesday, Justice James Omotosho held that the suit, filed by Mr. Ibrahim Usman, an aspirant in the party’s primary held on May 23, 2022, was an abuse of the court process.
The judge said though the plaintiff’s suit, marked: FHC/ABJ/CS/333/23, was not statute-barred, having been filed within the 14 days prescribed by the law, adding that it was against the doctrine of stare decisis for a lower court to review the decision of a superior court.
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