Today’s ruling by the Appeal Court sitting in Yola, capital of Adamawa State, North-East Nigeria, invalidating Governor Murtala Nyako’s emergence as candidate of the Peoples Democratic Party (PDP) for last year’s governorship is not enough to remove him from office, one of his commissioners has said.

The commissioner who spoke with News Express on phone this afternoon argued that the learned judge did not make a categorical statement for Nyarko’s ouster as the state governor. The judgement appears to be a mere academic exercise, and the litigant, Dr. Umar Ardo, has already indicated that he would appeal at the Supreme Court.

The court had ruled that the PDP primary election that purportedly produced Nyarko as candidate breached the Nigerian Constitution, the Electoral Act 2010 as amended, and the provisions of the PDP Constitution.

In his lead judgment, Justice Ignatius Igwe said the evidence before the court proved that the fundamental human rights of Dr. Umar Ardo, who showed interest to participate in the primary election, were trampled upon by denying his supporters nomination forms to participate as delegates.

He ruled that Governor Murtala Nyako was not duly nominated as stipulated by the provisions of the Electoral Act, the PDP Constitution and the Constitution of the Federal Republic of Nigeria.

Justice Igwe accused the second defendant (PDP) of criminal discrimination against Ardo. He noted that the Adamawa PDP primary election of which Nyako was declared winner, lacks legal ingredients and that it was an invalid exercise that has no legal taste or fragrance.

The judge said his court was constrained by Section 31 sub-Section (1) of the Electoral Act 2010, as amended, to order for a fresh primary election.

He further maintained that Ardo failed to prove before the court that he participated in the primary election, which Nyako was declared to have won.

After citing several legal authorities, including Supreme Court judgments, the judge ruled that Ardo lacks the constitutional powers to challenge the outcome of the election since he was not a participant in the controversial primary.

On the issue of court jurisdiction concerning the party’s activities, Justice S. Denton-West held that Section 87, sub-section (4) empowers Federal High Court, state High Court and the FCT High Court to preside over such complaints brought before them.

Denton-West appealed to politicians to embrace peaceful resolution of party issues, pointing out that peace is the only pillar of democracy.

•Nyarko continues as governor despite the court verdict.

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