APC LOSES OUT ON ZAMFARA ELECTIONS
The battle by APC to field candidates for the GOVERNORSHIP,NATIONAL ASSEMBLY,and STATE HOUSE OF ASSEMBLY elections coming up on 16th of February and 2nd of March,2019,were fully dashed today by the Court of Appeal sitting in Sokoto,presided over by Justice Jumai Hannatu Sankey,with other members of the panel being Justices Ndukwe Anyanwu and Vincent Abiru.
The court of Appeal upheld the argument of Chief Mike Ozekhome,SAN and Isiaka Dikko,SAN,that the notice of discontinuance earlier filed on the 11th of February, by Hon Sani Jaji under Order 11 Rules 1 and 5 of the Court of Appeal Rules had completely extinguished the appeal upon which Muktar Shehu Idris' Counsel,Mr Mahmud Magaji,SAN,had predicated his motion filed 8th February,praying the Court of Appeal to grant him interlocutory orders allowing Muktar to contest the governorship and Governor Abdulaziz Yari to contest as a Senatorial candidate before the main appeal is heard.The Court of Appeal in dismissing Jaji's withdrawn appeal also made consequential orders dismissing the motion of Governor Yari and Alhaji Muktar Shehu Idris amongst other Applicants who had asked to be allowed to contest the elections pending the hearing of the main appeal.
The court agreed fully with Ozekhome who had cited several Supreme Court decisions and argued that once the appeal was discontinued,Yari and Muktar who had not cross appealed or asked for variation under Order 9 of the Court of Appeal Rules can not compel Hon Jaji to go on with his appeal,or predicate their prayers to be allowed to contest on a non existent appeal which has died.
The court therefore dismissed the appeal and the motion filed by Yari and Muktar praying the Court to be allowed to contest the elections..The judgement therefore validates the long held position by INEC that APC has no candidates in the 16th February NASS and 3rd March Governorship and State Assembly elections.
Mike Ozhekhome, SAN
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