Court of Appeal sets aside judgment nullifying Zamfara PDP guber primaries

The Court of Appeal has set aside judgment nullifying Zamfara PDP guber primaries.

News Agency of Nigeria • January 6, 2023

Court of Appeal [Photo Credit; The Sun Nigeria]

The Court of Appeal, Sokoto Division, on Friday, voided the Federal High Court’s judgment nullifying the election of Dauda Dare as Zamfara Peoples Democratic Party (PDP) governorship party for March 11 poll.

The first PDP Governorship Primary election was held on May 25, 2022.

NAN reports that the primary was challenged at the Federal High Court in Gusau.

The court ordered for fresh primary election which the re-run was conducted on September 23, 2022 and also quashed by the same court for irregularities.

Not satisfied, the appellants, Lawal-Dare, Adamu Maina-Waziri, the chairman of the primary election committee and retired Colonel Bala Mande approached the Appeal Court for redress.

Respondents in suit were Dr Ibrahim Shehu-Gusau, Wadatau Madawaki, Hafiz Nahuche and Independent National Electoral Commission (INEC).

In a unanimous judgement read by Justice Abubakar Talba on behalf of others, Justice Talba said the appellants have succeeded to prove all the seven grounds of appeals canvassed by the Counsels and all resolved in favour of the appellants.

He dismissed all the preliminary objections on competency of the appeal suit on the bases of judicial provisions and interest of fear of hearing arguing that technical defaults could not supersede judicial provisions.

Justice Talba held the lower court judge was wrong to discountenance documents submitted from INEC, the trial court did not stipulate a period of conducting re-run election and notices of participation.

He added that they perused all the arguments presented by different counsels, citations of court judgements and other judicial considerations and arrived at the decision, thereby setting aside the lower court judgement and answering the prayer sought in affirmative.

He said the trial judge, Justice Aminu Bappah-Aliyu of Federal High Court in Gusau, failed in his legal responsibilities in some judicial considerations, giving parties fair hearing and others.

Justice Talba awarded N200,000 as cost to Appellants against the Respondents.

Meanwhile, in another judgement in a separate suit delivered by Justice Talba, he upheld prayers of Messrs Lawal-Dare, Maina-Waziri and Mande against the same respondents.

He agreed that respondents did not prove that the PDP primary election appeal panel went into hiding as evidence was not adduced.

(NAN)

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