A Federal High Court sitting in Abuja on Friday sacked Mr. Abdulrauf Modibbo, a House of Representatives member-elect, over “age falsification”, Igbere TV reports.
Modibbo was elected on the platform of the ruling All Progressives Congress to represent Yola South/North Girei Federal Constituency of Adamawa State in the National Assembly.
His election was nullified by Justice Inyang Ekwo while delivering judgement in a suit filed by Mr. Mustapha Usman, challenging the election.
Igbere TV reports that Modibbo was declared winner of the APC primaries held on October 7, 2018 in Yola, and eventually represented the party in the 2019 general elections, which he was also declared winner.
Usman, however, dragged Modibbo to court after the election alleging that he falsified his age and was not eligible to contest the APC primaries, as a serving Corp member.
He prayed the court to disqualify Modibbo as APC candidate for Yola North/South Girei Federal Constituency.
Joined in the suit as defendants are the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).
Justice Ekwo in his judgment declared that Modibbo was not qualified to contest the APC primaries as well as the 2019 House of Representatives election for the Federal Constituency.
The court held that Usman was the lawful winner of the primaries and candidate of the party for the constituency.
The judge further held that Usman had successfully proven beyond reasonable doubt that Modibbo falsified his age severally in order to contest the election.
He also noted that Usman was able to prove that Modibbo submitted the forged certificates for the purpose of contesting the party primaries.
The court also held that Modibbo was a serving National Youth Corps member when he contested the primary election, saying the action breached Section 4 of the NYSC Act 2004.
“A person who is a lawbreaker cannot be a lawmaker, this illegality is one that cannot be wished away,” the judge said.
The judge, therefore, declared that in view of the disqualification of Modibbo, Usman who polled the 2nd highest votes in the primary election was the lawful winner.
Justice Ekwo, thereafter, gave an order directing the APC and INEC to immediately replace Modibbo’s name with that of Usman as the lawful candidate of the APC for the federal constituency.
