The Supreme Court on Thursday sacked a member of Kano State House of Assembly representing Kura/Garunmallam on the platform of the All Progressive Congress, APC, Hayatu Dorawar-Sallau.
It ordered the installation of the Peoples Democratic Party, PDP, Abdullahi Mohammed, who came second in the election.
Before the general election in 2015, an APC aspirant, Danladi Karfi, had dragged Dorawar-Sallau to Federal High Court challenging his emergence as the party’s candidate.
The court pointed out that the APC candidate did not emerge through the process of primaries as provided by law.
It was gathered that despite the order, the APC submitted Dorawar-sallau’s name to INEC.
When Karfi appealed at the Court of Appeal, Kaduna, the judgement of the Federal High Court was upheld with a consequential order that fresh election be held.
Dorawar-Sallau therefore, appealed the case to the Supreme Court, which upheld the judgement of the Court of Appeal in part, vacating the order for annulment of the general election.
While ordering that the runner-up candidate in the general election be sworn-in, the apex court held that the Court Appeal erred in ordering for by-election.
Delivering the judgement, the five-man panel of justices led by Justice Kumai Akaahs said, “I hereby order the 3rd appellant Alhaji Hayatu Musa Dorawar Sallau to vacate the seat of the Kura/Garun Mallam Constituency in the Kano State House of Assembly forthwith.
“I also order the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to Alhaji Hayatu Musa Dorawar Sallau immediately and issue same to the runner up in the general election into the House of Assembly.
“I order the Speaker of the Kano State House of Assembly or the Clerk of the House (whichever is applicable) to swear in the runner up in the said election on which INEC has issued certificate of return to represent the Kura/Garun Mallam constituency of Kano State.
“The 3rd appellant, Alhaji Hayatu Musa Dorawar Sallau is hereby ordered to refund all the salaries/allowances and/or emoluments he collected while occupying the seat in the House of Assembly within 90 days of this order to the Kano State House of Assembly.”
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