A Court of Appeal, Kano, on Wednesday, dismissed the suit filed by the Special Assistant on Digital Media to the President, Bashir Ahmad to be given the House of Reps ticket for the All Progressives Congress (APC).
This is as the Court affirmed the nomination of Abdullahi Mahmoud Gaya as the candidate for Gaya/Ajingi/Albasu Federal Constituency of Kano State in next month’s election.
Justice A. A Liman of the Federal High Court, Abuja, had on December 8 upheld Gaya’s victory in the primary election held in the district on May 27 last year.
Gaya secured the APC ticket after he polled 109 votes to defeat Ahmad who got 16 votes in the election.
Dissatisfied with the ruling, the presidential aide approached the appellate court to set aside the lower court’s verdict.
Gaya and APC later moved a preliminary objection challenging the jurisdiction of the appeal court to hear Ahmad’s appeal, citing the provisions of section 284 (10) of the 1999 constitution of the Federal Republic of Nigeria as amended.
At the proceeding, a three-member panel of the appeal court led by Justice Ita G. Mbaba dismissed the appellant’s appeal on the basis that the lower court delivered judgement on the pre-election trial outside the 180 days limit stipulated by the constitution.
Other members of the panel are Justices Boloukuromo Ugo and Usman Alhaji Musale.
Justice Mbaba, who delivered the lead judgement, submitted that since the lower court had exceeded the days provided by the constitution for delivery of judgement on the pre-election trial, the court of appeal lacked the jurisdiction to sit on proceedings that ought to be in nullity.
He said the court cannot be held by collusion of practice, and upheld the preliminary objection of the respondents.
He, thereafter, dismissed Ahmad’s appeal for lack of merit.
