The pre-election matter arising from the PDP primaries for the last February National Assembly election, filed by AM Isaac Alfa(RTD), of PDP, challenging the candidacy of Senator Atai Aidoko Ali was on Thursday dismissed by the Supreme court for lack of merit.
The apex court hinged its judgement and relied on section 285 Sub section 13 of the 4th alteration of the Nigerian constitution, to arrive at its decision.
According to the apex court, the Appealant did not participate in any process of the election, from the primaries to electioneering campaign and the election, therefore he is not qualified to contest the candidature of Senator Atai Aidoko.
The five Supreme court Justices wondered what the Appealant intend to achieve in a process,he was not a participant,but only interested in taking the glory of the exercise.
They further arugued that it is not possible to put something on nothing, as the candidate been litigated did not even came out victorious in the contest brought before it.
Alfa’s Lawyers relied on section 36 of the electoral act to argue his case, saying his candidate was shortchanged by the party, PDP in the primaries held behind close door.
The apex court judges said primary held without the Appealant presence, is an indication that he was not part of the exercise and there fore has no case.
Senator Alfa relied on the 2015 controversial pre-election matter that secured him victory and a short tenure of 84 days at the Senate, to prosecute the current matter that hit the rock.