Usman, who finished as the runner-up at the primary election conducted on October 7, 2018, had approached the court to remove Modibbo because he was ineligible to contest. He told the court that Modibbo falsified his age, hence he should be disqualified by the court as ineligible to contest the primary as well as the 2019 elections that he won.
The Federal High Court, Abuja has fired Abdulrauf Modibbo as lawmaker-elect representing Yola South/Yola North/Girei Federal Constituency of Adamawa in the National Assembly.
Justice Inyang Ekwo also ruled that Modibbo is replaced with Mustapha Usman to represent the All Progressives Congress at the lower chamber of the assembly.
Usman, who finished as the runner-up at the primary election conducted on October 7, 2018, had approached the court to remove Modibbo because he was ineligible to contest.
He told the court that Modibbo falsified his age, hence he should be disqualified by the court as ineligible to contest the primary as well as the 2019 elections that he won.
Joined in the suit were the APC and the Independent National Electoral Commission (INEC).
Granting the prayer of Usman, Justice Ekwo said that the complainant, Usman, had proven to the court that Modibbo falsified his age before the primary elections.
Justice Ekwo noted that Modibbo submitted a forged certificate and used same to contest in the elections while also noting that because he was yet to complete his compulsory National Youth Service Corps when he contested the elections.
Therefore, the court ruled that INEC should remove Modibbo as the winner of the APC primary and replace him with Usman as representative of Yola South/Yola North/Girei Federal Constituency of Adamawa.
Giving the ruling, the judge said: “A person who is a lawbreaker cannot be a lawmaker; this illegality is one that cannot be wished away.”
INEC was also directed to issue Usman with the certificate of return.