A/Court strike out case opposing Zamfara APC from fielding candidates
The Court of Appeal Sokoto Division, yesterday, dismissed the case filed by a member of the House of Representatives, Aminu Jaji, against the decision of a Zamfara High Court which recognised the primaries conducted by Zamfara APC for candidates in the upcoming general election.
The Zamfara State High Court presided by Justice Muhammad Shinkafi, had on January 25 ruled that the APC conducted primary elections on October 3 and 7, 2018.
The appellate court dismissed the appeal after Jaji withdrew the case.
Presiding Judge, Justice Jummai Sankey granted the prayer made by the appellant in which he sought to withdraw the entire case.
Sankey who led another panel of judges held that the Appellant was at liberty to withdraw the case based on Order 11, Rule 1, of the Appeal Court Laws, noting that the order and rule cited by the respondents were only recognising administrative rules.
The judge said the court took judicial notice of records of previous panel as well as Supreme Court judgements and thereby dismissed the case based on Order 11, Rule 5 as required by law.
A Zamfara High Court had recognised the primary elections held by the APC in the state and declared that INEC accept the party’s candidates for the elections.
Unsatisfied with state High Court decision, the appellant, Jaji, a governorship aspirant and member representing Kauran Namoda/ Birnin Magaji Federal Constituency, approached the appeal court asking it to set aside the lower court judgement.
On Monday, Justice Ahmad Belgore and two other justices had recuse themselves from delivering judgement on the appeal based on a circulated media allegations and issues raised by Mr Muhammad Nuhu, Counsel to Sen. Kabiru Marafa, that they were compromised. Belgore said in recognition of the magnitude of allegations and present situation in judiciary as well as the nation, the judges surrendered that the President of the Court of Appeal, should constitute new panel to entertain the matter.
He told all parties to the case to await the constitution of a new panel that would consider the matter, a situation that led to constitution of the panel headed by Sankey.
Meanwhile, the Court of Appeal in Abuja will on February 28 determine the appeal by the APC national headquarters challenging the judgement of a Federal High Court in Abuja which upheld the decision of INEC not to accept candidates of the party in the 2019 general elections.
Justice Ijeoma Ojukwu had ruled that it was not the fault of INEC that the APC failed to conduct a valid primary within the period scheduled by the electoral body.