The Court of Appeal, Kano division on Wednesday upheld the judgment of the Federal high court which validated the primary of the All Progressives Congress (APC) which produced Abdullahi Mahmoud Gaya as the party’s candidate for the Gaya/Ajingi/Albasu federal constituency in Kano State next month. election.
Subsequently, the appeals court dismissed an appeal filed by the special assistant to the president Muhammad Buhari on digital communications, Bashir Ahmad, who sought to challenge the credibility of Gaya’s nomination in the APC primaries.
In the judgment of the panel led by Justice Bolokuromo Ugo, Justice Usman Alhaji Musale and the presiding judge, Justice Ita G. Mbaba, the appeal court rejected the appeal of the appeal on the basis that the lower court gave its judgment on the pre-election trial outside 180 days. the limits set by the constitution.
The first (Gaya) and second (APC) respondents have moved a preliminary objection challenging the jurisdiction of the appellate court to appeal Ahmad’s appeal, citing the provisions of section 284 (10) of the 1999 constitution of the federal republic of Nigeria as amended.
Justice Mbaba submitted that since the lower court had exceeded the day given by the constitution to deliver judgment in the pre-election hearing, the appeal court had no jurisdiction to sit in the proceedings which should have been annulled.
According to Justice Mbaba, the trial cannot be carried out freely or collusion of practice because “you can’t build anything”, thus sustaining the initial objection of the respondents and dismissing Ahmad’s appeal.
Despite the substance of the appeal disturbing or not, Gaya’s candidacy has been in line with the provisions of the Election Law, it has not been decided, but the appeals court then determined that the constitutional provisions on jurisdiction remain sanscrosant and static.
The presidential aide has questioned the December 7, 2022 judgment of Justice Abdullahi Liman of the Federal high court in Kano, who rejected Gaya’s prayer for lack of merit.
The lower court ruling held for the election of members of the House of Representatives, representing the Gaya/Ajingi/Albasu federal constituency, stated that Ahmad failed to prove by argument of evidence that 85 delegates among his supporters were disenfranchised during the primary election.
Although Ahmad, through his lawyer, Rilwan Idris has argued that the electoral committee delegated by the headquarters of the All Progressives Congress (APC) tactically prevented the 85 delegates from voting, Judge Liman insisted that Ahmad could not sufficiently certify. List of APCs.
Gaya was declared the winner with 109 votes to beat Ahmad who got 16 votes in the July 27, 2022 APC primaries, to secure the party ticket.