Court of Appeal, Kano Division on Friday struck out an appeal filed by NNPP and its candidate Air Commodore Salisu Yusha’u (retired) seeking to restrain INEC from conducting Rerun Election in Doguwa/Tudun-wada Federal Constituency and withdraw the Certificate of Return already issued to Alhassan Ado Doguwa, a Majority Leader Federal House of Representatives.
In a landmark judgement delivered on Friday by Justice Goerge Mbaba, the Court struck out the Appeal for lack of jurisdiction and affirmed the decision of Tribunal.
The Court of Appeal, upheld the decision of Tribunal for lack of jurisdiction and accordingly struck out the Appeal for lacking merit.
Justice Mbaba further dismissed the NNPP and its candidate prayer to restrain INEC from issuance of Certificate of Return to Alhassan Ado Doguwa and equally withdraw the said Certificate it its already issued to him.
The Court similarly dismissed arguments by the Appellants and affirmed the decision of Tribunal.
The Court also ordered Salisu Yusha’u and NNPP to pay Respondents, Alhassan Ado and APC the sum of 200,000 as cost for filing frivolous petition.
Justice Watch News recalls that NNPP and its candidate Air Commodore Salisu Yusha’u retired filed a petition at National/State House of Assemblies Election Petition Tribunal sitting in Kano, challenging the Returning and declaration of Alhassan Ado Doguwa as winner of the Election as well as order of rerun election to be conducted by INEC at Doguwa/Tudun-wada Federal Constituency.
Not satisfied with the order given by INEC that the election was inconclusive, the Petitioners filed the petition before Election Petition Tribunal.
Thereafter, Yusha’u and NNPP filed a motion before the Tribunal seeking for reliefs which include an order to restrain INEC from conducting Rerun Election in the Doguwa/Tudun-wada Constituency.
Recalls that the Tribunal in its wisdom called counsel to the Petitioners to address it on weather the court has jurisdiction to entertain the petition, for the fact that the election was declared inconclusive.
After listening to the Counsel arguments of both parties, the Tribunal struck out the motion on the basis that it lacks jurisdiction to entertain petition on election that was declared inconclusive.
It upheld that the National/State House of Assembly elections PetitionTribunal was established to entertain dispute arising from the conduct of National/State House of Assembly.
The Tribunal further explained that at the instance case the Election was declared inconclusive, it therefore decline jurisdiction.
For not being satisfied, Salisu Yusha’u and NNPP, through, Awomolo Adegboyega appealed against the decision of the Tribunal.
Justice Watch News similarly recalls that the Court of Appeal heard all the arguments by Counsel to the Petitioners, Awomolo Adegboyega (SAN), Nuraini Jimoh (SAN) for Alhassan Ado Doguwa and Barrister Abdul Adamu Fagge for APC.
Awomolo SAN argued that section 4 sub 6 of the Electoral Act 2021 as amended empowers that any party can challenge the decision of INEC, stressing that the Appeal was sequence to the provision of Electoral Act.
Similarly on their parts, Counsel to both APC and Alhassan Ado Doguwa, Nuraini Jimoh SAN and Barrister Abdu Adamu Fagge, argued that the Petitioners ought to have file their petition before State High Court or Federal High Court not Tribunal, from the ground that the Tribunal was established to entertain dispute arising from the conduct of election.