The court also declared that Aminu Bello Masari, the former House of Representatives speaker, was the party's governorship candidate in Katsina State, and not Yakubu Garba Lado whose name was submitted to the Independent National E l e c t o r a l C o m m i s s i o n (INEC).
These are examples of the internal contradictions within the CPC whose unifying factor remains its presidential candidate, Muhammadu Buhari. Jimi Bada, who read the lead judgment, said that the party's primary election in Kano State was inconclusive and only the party could forward the governorship candidate's name to INEC.
Conflicting results
Mr Abacha, the son of the former military ruler, had gone to the Federal High Court, claiming that he won the primary election in the state but that the party had failed to send his name to theelectoral commission. In an originating summons filed by his lawyer, Abdullahi Haruna, Mr Abacha asked the court to declare that INEC should not recognise any other governorship candidate from the CPC. He claimed that after the primary election conducted on January 12, he scored the highest number of votes: 144,066.
He claimed that Lawal Jafar Isa scored 78,671 votes, Rufai Sani Hanga got 45,618 votes; Awalu Anwar got 30,410; and Magaji Abdullahi got 5,795. INEC, through its counsel, Adegboyega Awomolo, in a counter affidavit, said that in compliance with the Electoral Act, the CPC invited the electoral commission to supervise and monitor its primary election into various offices in preparation for this month's election. Mr Awomolo said that INEC responded to the request by sending its personnel to supervise the exercise in Kano State.
He said that, according to INEC's records, Mr Isa scored 78,671 votes; Rufai Sani Hanga, 45,618 votes; Awalu Anwar, 30,410; Magaji Abdullahi, 5,795; and Mr Abacha scored 144,066. He added that none of the other candidates had instituted any suit to challenge the result of the primaries, neither did they serve any process challenging the qualification of MrAbacha.
Masari wins also
The court, in a unanimous judgment, upheld Mr Masari's appeal against the decision of a Federal High Court Abuja which ruled that Mr Lado was the authentic CPC governorship candidate for Katsina State.
The judge said that the lower court erred when it failed to consider the affidavit and documentary evidence of the CPC and the fact that the Board of Trustees of the party had the final say on who the candidate of the party was in any election.
The court further held that the Katsina State chairman of the party who forwarded the name of Mr Lado and 46 other candidates of the party to INEC had no such power. Mr Lado had gone to the Federal High Court in Abuja, seeking an order to restrain INEC from accepting Mr Masari, claiming that he had won the primary election and should have been presented instead of Mr Masari.
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