The Court of Appeal has reserved judgment in the appeal filed by the New Nigeria People’s Party and its candidate Salisu Yushau, against the reelection of Alhassan Doguwa of the All Progressive Congress (APC).
A three-member appellate court panel led by Justice Ita George-Mbaba reserved judgment to a date that would be communicated to the parties.
The national and state assembly elections petitions tribunal had, on April 7, struck out a petition filed by NNPP seeking to restrain INEC from conducting supplementary polls in Tudun Wada/Doguwa Federal constituency in the state.
Mr Yushau and NNPP are seeking the court to set aside the tribunal’s decision, which claimed a lack of jurisdiction to stop INEC from conducting the supplementary election.
In their application, the appellant also seeks the court to set aside the April 15 election rerun that declared Mr Doguwa, the winner.
The respondents in the suit are INEC and Mr Doguwa.
Counsel to the appellant, Adegboyega Awomolo, said they filed their notice of preliminary objection on April 25, with a written address urging the court to allow the appeal and strike out the respondents’ preliminary objection.
“where there is a final declaration and return of candidate as winner and there was no objection to the decision of INEC then election petition can be filed pursuant to section 24(4)of electoral act 2022. Where there is inconclusive election there shall be no valid election until it is concluded,” Mr Awomolo stated.
Counsel to the first respondent, Idris Yakubu, filed a brief argument dated April 25 and urged the court to dismiss the suit. Counsel to the second and third respondents, Nureini Jimoh and Abdul Adamu-Fagge, said an election rerun is different from a supplementary election and urged the court to strike out the main suit at the tribunal and dismiss the appeal with a cost.
(NAN)
