Victory For PDP, As Court Of Appeal Sacks Top APC Governor-Elect, Delivers Powerful Judgement

By Post-Nigeria: March 25, 2019 14:41

Victory For PDP, As Court Of Appeal Sacks Top APC Governor-Elect, Delivers Powerful Judgement

The Court of Appeal, Sokoto State Division, on Monday, has set aside the judgment delivered by the Zamfara State High Court, allowing the All Progressives Congress, APC, to field Candidates in the 2019 election.

The appeal was filed by Senator Kabiru Marafa, Chairman of the Senate Committee on Petroleum (Downstream), and 129 others, through his Counsel, Mike Ozekhome, SAN.

The respondents are Kabiru Liman-Danalhaji, and 139 others, represented by Mahmud Magaji, SAN, as Lead Counsel.

Delivering the lead judgment, which was adopted by two other Justices, Tijjani Abubakar and Jamilu Tukur, Justice Tom Yakubu held that the Lower Court failed in its duty to properly evaluate the evidence before it.

Yakubu said that the Judges have the legal power to produce judgment and reach decisions with reason, noting that, in the instant case, it was not done.

“I am convinced that the Lower Court has failed to evaluate the evidence before reaching the decision.

“The Appeal Court has power in law to access pieces of evidence on appeal, which we have done.

“Based on available facts, the respondents did not contradict the INEC evidence, on conducting the said primary election”, Yakubu said.

The Presiding Judge stated: “Documented evidence has upper consideration than oral ones.”

Justice Yakubu held that the plaintiffs being card-carrying party members and aspirants in the said primary election, have the legal capacity to institute the suit.

He added that, Federal, States, and FCT High Courts, have jurisdiction to entertain such matter.

The Judges agreed that the judgment should serve as a “bitter lesson” for political parties, as they ought to follow legitimate guidelines and rules.

“Domestic affairs of political party activities must act within the confines of the law, in dealing with party members and elections”, the Judges agreed.

Post-Nigeria recalls, that the APC had already won the the 2019 Governorship election in the State.

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