In the appeal brought by the New Nigeria Peoples Party and its candidate Salisu Yushau against the re-election of Alhassan Doguwa of the All Progressive Congress (APC), the Court of Appeal has deferred decision.
After all attorneys adopted and presented their briefs of argument in the appeal, a three-member panel of the appellate court, chaired by Justice Ita George-Mbaba, reserved decision for a time that would be announced to the parties shortly thereafter.
According to NAN, the National and State House of Assembly Election appeal Tribunal dismissed a NNPP appeal on April 7 that sought to prevent INEC from holding additional elections in the state’s Tudun Wada/ Doguwa Federal Constituency.
Yushau and NNPP are seeking the court to set aside the decision of the National and State House of Assembly Election Petition Tribunal which claimed lack of jurisdiction to stop INEC from conducting the supplementary election.
The appellant in their application is also seeking the court to set aside the April 15 re-run election that declared Doguwa as the winner, member representing Tudun Wada/ Doguwa Federal constituency.
The respondents in the suit are Independent National Electoral Commission (INEC), Alhassan Doguwa, member representing Tudun Wada/ Doguwa Federal constituency Kano and APC.
Counsel to the appellant, Adegboyega Awomolo SAN, 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 respondent’s preliminary objection.
“where there is a final declaration and return of candidate as the winner and there was no objection to the decision of INEC then an election petition can be filed pursuant to section 24(4)of the electoral act 2022.
“Where there is an inconclusive election there shall be no valid election until it is concluded”
Counsel to the first respondent, Mr Idris Yakubu, filed a brief argument dated April 25, and urged the court to dismiss the suit.
Counsel to the second and third respondents, Mr Nureini Jimoh, SAN, and Mr Abdul Adamu-Fagge, said a rerun election is different from the supplementary election and urge the court to strike out the main suit at tribunal and dismiss the appeal with a cost.
“INEC says once the election is completed it should not be set aside pursuant to sections 84 and 24(6) of the electoral act.