By: Ahmed Rufa’i Dutse
The court of appeal, Kano judicial division has dismissed the case filed by the Peoples Democratic Party (PDP) gubernatorial candidate( 2015 and 2019) in Jigawa state Malam Aminu Ibrahim Ringim faction challenging the legitimacy of the ward and local government congresses of the party in the state.
The appeal court judgement had affirmed the earlier verdict by the Jigawa State High court in Dutse presided over by Justice Musa Ubale Taura.
The lower court judge Justice Musa Ubale in his judgement had ruled that the suit is an intra party affair, as such the action is non justiciable adding that courts lack jurisdiction to entertain the suit”.
Delivering the judgement via zoom, justice H A O Abiru said the matter is purely intra-party affair hence the court has no jurisdiction over it.
The Court of Appeal dismissed the Appellants’ appeal and awarded N500, 000. 00 cost to be paid to the Respondents (PDP and ors).
The case was between Alhaji Muktar Ibrahim Gagarawa and 2 others (for themselves as leaders of the Malam Aminu Ibrahim Ringim led faction of the PDP Jigawa State Chapter) Vs Peoples Democratic Party (PDP), National Executive Council (NEC), National Working Committee (NWC) of the party, INEC, Commissioner of police, DSS and NSCDC.
Speaking Online one of the defendants team counsel, Barrister Alhaji Garba Wakil expressed satisfaction with the court judgement,
“we are very happy and the decision of the lower court is the true position of the law, it is a victory to our side”.
The appellant’s counsel Barrister Nasarawa Mu’azzim expressed dissatisfaction with the court verdict, “We are studying the judgement, looking for the possibility of an appeal at supreme Court.
Barrister Mu’azzim said “The party (PDP) violated it’s Constitution, why was the constitution made”. If the party will violate what it made what does that mean?
Appeal Court Sacks Nasarawa speaker
The Court of Appeal sitting in Abuja has sacked the Speaker of the Nasarawa State House of Assembly, Hon. Ibrahim Balarabe Abdullahi, a member of the All Progressives Congress (APC).
In a judgement delivered on Tuesday, the court declared the Peoples Democratic Party (PDP) candidate, Hon. Sa’ad Abdullahi Ibrahim (Turakin-Opanda), as the rightful winner of the election for Umaisha/Ugya State Constituency.
Appeal Court affirms Hyacinth Alia’s victory as Benue Governor
The Court of Appeal, sitting in Abuja, on Monday, upheld the election of Hyacinth Alia as declared by INEC after the March 18th, 2023 election as governor of Benue State
The candidate of the Peoples Democratic Party in the March 18 governorship election, Titus Uba, had approached the appellate court to set aside the judgment of the tribunal that upheld Alia’s election.
At the tribunal, Uba accused Alia’s deputy, Samuel Ode, of presenting a forged certificate to the Independent National Electoral Commission (INEC) contrary to Section 182(1)(j) of the Federal Republic of Nigeria, 1999 (as amended)
He also alleged that Alia’s name was submitted less than 180 days before the election date, and Ode was also not submitted to INEC after the party conducted a further re-run primary election.
A three-member panel of the tribunal, headed by Justice Ibrahim Karaye, dismissed the petition on the ground that it was a pre-election matter and was statute-barred.
Ruling on the appeal on Monday, the appeal court’s three-member panel led by Justice Onyekachi Aja Otisi held that Uba failed to prove beyond reasonable doubt the allegations of forgery against Ode
As long as God remains on the throne our mandate will be preserved, says Mutfwang
Plateau Governor, Caled Mutfwang spoken with confidence that as long as God remains on the throne, the people’s mandate will be preserved and protected as he reiterated his commitment to the rule of law, while assuring the people that there is light at the end of the tunnel.
Mutfwang who was reacting to the Appeal Court judgement that sacked him on Sunday described the verdict as a temporary setback that will not deter him from repositioning the state.
“We have unwavering faith in the judiciary and the Constitution of Nigeria,” he added.
The Governor said he has instructed his legal team to file an appeal at the Supreme Court, admonishing citizens of the state and PDP supporters to remain calm.
Mutfwang gave the indication in a press statement signed by his Director of Press and Public Affairs, Gyang Bere, expressed optimism that the mandate overwhelmingly given to him by the citizens would be restored.
Mutfwang polled 525,299 votes in the March 18 governorship election in the state, while Goshwe polled 481,370 votes.
Goshwe challenged the victory of Mutfwang at the tribunal, claiming that the Governor was not validly nominated and sponsored by his Party, insisting there was non-compliance with the Electoral Act in the election.
In a unanimous decision, a three-member panel of the tribunal headed by Justice R. Irele-Ifijeh dismissed the petition for lacking in merit.
Displeased with the judgment, the APC candidate appealed the tribunal judgment.
The appellate court ruling on Sunday, led by Justice Elfrieda Williams-Dawodu, held that the PDP did not validly sponsor the Governor during the election.
She held that the Party violated a court order to conduct a valid Congress in that state’s 17 Local Government Areas.
She said there was no evidence that the PDP complied with a subsisting High Court order which had directed it to conduct a valid party congress before sponsoring the governorship and other candidates.
The court held that the issue of qualification is both a pre-election and a post-election matter contrary to the tribunal’s findings, which held that the appellant lacked the locus to contest the validity of the respondent.
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