Justice Tom Shuaibu Yakubu of the Court of Appeal sitting in Sokoto State, has set aside judgement of the Zamfara High Court that backed the All Progressives Congress, APC, to field candidates in the 2019 general elections.
While delivering the lead judgement, the presiding judge averred that the lower court did not properly evaluate and assess all the evidences put before it before making its judgement. According to him, after reevaluation and reassessment of the evidences by the appellant court, it was discovered that the party did not follow the provision of the Electoral Act and the guidelines provided by the party in selecting its candidates.
The judge held that the party had made two unsuccessful attempts to conduct primaries in the state and list of candidates were not duly submitted to the Independent National Electoral Commission, INEC, by the national headquarter of the party as promised by the national chairman of APC, Adams Oshiomole.
“I hereby, set aside the judgement of the lower court which allowed the party to field candidates in the last general elections. I believe this will serve as a very bitter lesson for political parties to learn. They must abide by the provision of the electoral act which provide level play ground for all aspirants.” he said
The presiding judge however, said the lower court has the jurisdiction to entertain the case as against the submission made by the counsel to the appellants, challenging the jurisdiction of the Zamfara High Court to hear the case.
Similarly, two other members of the panel, Justices Tijjani Abubakar and Jamilu Tukur have all adopted the lead judgement.
Reacting to the judgement, counsel to 1st and 38th respondents, Barrister Isa Abubakar, said they would appeal against the judgement by the appellant court.