Senator David Umar has said he will appeal a Federal High Court ruling which sacked him as the candidate of the All Progressives Congress (APC) for Niger East district.
The lawmaker described the judgement as erroneous and against the weight of evidence.
Umar who briefed journalists in his residence in Minna said the court has no power to nominate a candidate for a political party, accusing the learned trial court of ignoring the evidence of the defence and assuming the responsibility of nominating its preferred candidate.
He said he has appealed the decision of the trial court because it proceeded to hear and determine the matter without jurisdiction, as the suit was filed in breach of the provisions of section 285 subsection 9 of the 1999 constitution of the Federal Republic of Nigeria as amended.
The lawmaker assured his constituents that the judgment is not final and has neither sealed his fate nor truncated his candidature, saying he remains the bona fide candidate of the APC in the forthcoming Senatorial election in Niger east until the position of the court of appeal and the supreme court on the matter is obtained to the contrary.
A Federal High Court on Thursday set aside the nomination of SenatorDavid Umar by the APC to the Independent National Electoral Commission (INEC) as the candidate to represent the party for the office of Senator representing Niger-East Senatorial district at the general elections slated for next week.
The presiding judge, Justice Folashade Ogunbanjo consequently declared Mohammed Musa as the APC candidate for the district.
Justice Folashade Ogunbanjo in her judgment agreed that Mohammed Musa was the declared winner of the APC primary election which held on October 2, 2018.
Consequently, the court granted an order setting aside the nomination and submission of the name of Senator Umar’s name by the party to the Independent National Electoral Commission (INEC) as its candidate.
Justice Ogunbanjo further declared that the plaintiff, having secured the highest number of votes at the primary election which was conducted by APC and monitored by the electoral body.
Musa had challenged the party’s powers to allegedly handpick Senator Umar replacing him as its candidate in the district.
Listed as defendants in the suit filed by Musa are the APC, INEC and Umar.
Justice Ogunbanjo also granted all the reliefs in the suit filed by Wole Olanikpekun (SAN) on behalf of Umar.