By Ibrahim Alhamdu
The name Senator Ishaku Abbo, senator, representing Adamawa north is synonymous with controversies. Abbo, being one of the youngest senators in the Nigerian 9th senate is always at the center of one controversy or another, which has resulted in condemnations of him by many people in his constituency- Adamawa north, Adamawa state, and entire northern Nigeria as a whole.
Before the inauguration of Abbo at the hallowed chamber of the ninth senate, a video clip of Abbo physically assaulting a lady at a sex toy shop surfaced. After he physically assaulted the lady, Abbo was seen ordering his police orderly to further arrest the lady he allegedly assaulted for taking sides with the shop owner. The incident generated so much angry reaction from Nigerians on social media and on the streets, which brought disrepute not only to Abbo, but his constituency and his political party. Though, days after the incident, Senator Abbo was arrested by the police who held him for a night, before granting him bail “after meeting a set of administrative conditions for his bond”. Abbo, also later apologized: he said he was sorry for what happened, adding that regardless of the provocation, his action did not portray him as a good ambassador of the Senate, the PDP, and the youths of Nigeria.
However, on July 10, 2019, at the Senate hearing of Senator Elisha Abbo over his sex toy shop assault on a lady, there was an intense argument between Senator Oluremi Tinubu and Senator Abbo, while trying to emphasize the extent of the damage to the Senate body and her feeling as a woman, Senator Tinubu, impressed the embarrassment the youngest Senator in the ninth Senate has brought to the entire National Assembly, but Senator Abbo, in his usual uncouth manner attacked Senator Remi.
The heat was on Senator Abbo, as women’s groups, social society movements, students union, political groups, teams of lawyers and common people deplored and condemned Abbo’s actions both at the sex toy shop and at the senate hearing, calling for his prosecution. On September 28, 2020, A FCT High Court fined Senator Abbo, who was caught on camera physically assaulting a woman at an adult toy shop in Abuja. Delivering judgment the judge found Abbo guilty and ordered him to pay N50 million to the complainant, Osimibibra Warmate.
In his usual character, around October 2019, Senior Abbo picked a ‘fight’ with his governor- Ahmadu Umaru Fintiri of Adamawa state, Abbo accused Governor Fintiri of being an ‘Alpha and Omega’ constituting himself as a demi-god, running the PDP like a ‘gangster’, Abbo went to the extent of describing Gov. Fintiri as a ‘small man’ with a big office. When Abbo Finally realized that the People’s Democratic Party (PDP) will expel him, he defected to the ruling All Progressive Congress (APC).
When the APC accepted and admitted Abbo, the trend of his unnecessary political fight, use of excessive offensive language which may cause tension among people, and his opened campaign against his party’s Muslim-Muslim ticket, including criticizing the APC presidential flagbearer, Bola Tinubu, on national television. These led to his expulsion by APC Mubi North Local Government Area on 7th October, 2022, for allegedly engaging in anti-party activities and tampering with the process of internal democracy of the party.
On January 11, 2023, the Adamawa State High Court of Justice No. 3, presided by Hon. Justice Danladi Mohammed, sacked Senator Abbo as APC Senatorial Candidate for Adamawa North, saying he is not entitled to seek re-election since he was expelled. Justice Danladi, held that Senator Abbo and APC are bound by the resolution of Mubi North LG Exco dated 7th October 2022, which expelled him, saying that he is not entitled to enjoy any right or privilege accorded to APC members.
While responding to the judgment, Senator Abbo, said, the judgment is just a ‘child-play’- saying in Hausa- “Kare ya taka Nera ya wuce baisan kudi ba”. Abbo said – the judge is wrong and just wasting his time, peoples’ time, and Senator’s time. But Abbo promised to appeal the judgment.
Has Abbo lost his ticket? Many legal experts are of the view that Senator Ishaku Abbo has lost the ticket, because, people saying that a state high court lacks jurisdiction on such matters, are wrong. Section 6 Subsection (3) Of the Constitution of the Federal Republic of Nigeria explains. The courts to which this section relates, established by this Constitution for the Federation and for the States, specified in subsection (5) (a) to (1) of this section, shall be the only superior courts of record in Nigeria; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a State, each court shall have all the powers of a superior court of record.
(5) This section relates to:-
(a) The Supreme Court of Nigeria;
(b) The Court of Appeal;
(c) The Federal High Court;
(d) The High Court of the Federal Capital Territory, Abuja;
(e) A High Court of a State
(f) The Sharia Court of Appeal of the Federal Capital Territory, Abuja;
(g) A Sharia Court of Appeal of a State;
(h) The Customary Court of Appeal of the Federal Capital Territory, Abuja;
(i) A Customary Court of Appeal of a State;
(j) such other courts as may be authorized by law to exercise jurisdiction on matters with respect to which the National Assembly may make laws; and
(k) Such other court as may be authorized by law to exercise jurisdiction at first instance or on appeal on matters with respect to which a House of Assembly may make law.
Furthermore, Section 272 Subsection (1)&(2) of the Constitution of the Federal Republic of Nigeria says :
(1) Subject to the provisions of section 251 and other provisions of this Constitution, the High Court of a State shall have jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.
(2) The reference to civil or criminal proceedings in this section includes a reference to the proceedings which originate in the High Court of a State and those which are brought before the High Court to be dealt with by the court in the exercise of its appellate or supervisory jurisdiction.
How about a change of candidate? The electoral Act 2022 says: A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of the Act, except in the case of death or withdrawal by the candidate: Senator Abbo is not dead or has withdrawn his candidature. Many legal experts say the Nigerian Constitution supersedes the provisions in any other laws; a competent court of law has agreed and validated what the 29-member committee of APC Mubi North LGA, did- the expulsion of Senator Ishaku Abbo, thus, the judgment is bound on Abbo, APC and INEC, the only doctrine of necessity available to the APC and INEC is accept the person that came second in the primary election that produced Abbo.
Some political pundits are of the view that this court judgment is a golden opportunity for the APC to easily replaced Senator Abbo who has been in anti-party activities criticizing the party, its presidential and vice presidential candidate including other leaders of the party, bringing disrepute and low esteem to the APC.
Ibrahim Alhamdu, a social and political commentator wrote in from Abuja
