YOLA APPEAL COURT AFFIRMS MAHMUD AS DISTRICT HEAD OF JALINGO- MAIHA

 

Mahmud Abubakar, new District Head of Jalingo-Maiha

Court of Appeal sitting in Yola, Adamawa state on Friday validated the judgement of a High Court, affirming Yerima Mahmud Abubakar, as the District Head of Jalingo -Maiha in Maiha Local Government Area, Adamawa state.

The Court held that the state High was on firm ground to have entered judgement in favour of Mahmud, as the right candidate for the stool, and further struck out the appeal brought before it by Yerima Idris Wakili Shehu.

Legal battle for the stool started when the election which was conducted for the vacant seat saw the emergence of Mahmud as the winner of the exercise having polled highest number of votes cast by Jalingo Village Heads.

Shortly after the exercise, the Mubi Emirate Council recommended the winner, Mahmud Abubakar for confirmation and subsequent appointment by the erstwhile Governor Mohammed Umar Jibrilla Bindow as District Head.

But due to vested interest, the former Governor went ahead and approved the appointment of the embattled Yerima Wakili, instead of the rightful candidate duly elected and recommended for the exalted Jalingo seat by Mubi Emirate Council.

In protest to the action of the ex-Governor, Mahmud dragged Yerima Wakili to Yola High Court presided over by Honourable Justice Hapsat Abdullarahaman, challenging the appointment of Yerima Wakili as the District Head despite scoring the required number of votes cast during the election.

Mahmud sought for the Court order to declare him as the royal father of Jalingo, as well as order of perpetual injunction restraining Mubi Emirate Council from recognising / accepting or taking any step including the turbaning of Yerima Wakili Shehu as District Head.

Further more, he asked for the court order restraining the then defendent and now the appellant from parading himself as the District Head of Jalingo pending the determination of the substantive suit.

Delivering its judgement on the matter, the State High Court declared that Mahmud Abubakar was the candidate elected and recommended for the seat, and that he should be confirmed and appointed as the District Head having duly elected stipulated by the law.

Dissatisfied with the verdict of the trial court, Yerima Wakili went and lodged an appeal at the Court of Appeal, and urged it to set aside the decision of the lower court, arguing that he was the right candidate based on the election conducted and his subsequent confirmation by Bindow.

He urged the court to determine whether the trial court was right when it assumed jurisdiction over the matter, and that whether it was right when it entered judgement in favour of the then plaintiff and now respondent and granted reliefs sought.

He informed the court that granting reliefs sought by the respondent would amount to, with all respect endorsing an illegality and setting a precedent that would warrant a returning officer in an election to return a person of his choice even if not a candidate who polled the highest votes cast.

Yerima Wakili further prayed the court to invalidate the Judgement of the lower court and declare him as the candidate elected for the stool, thereby dismissing the judgement of the trial court.

But delivering its judgement on the appeal on Friday, the Appeal Court presided over by Justice James Shehu Abiriyi, upheld the decision of the lower court and trashed the appeal instituted by Yerima Wakili, challenging the decision of the High Court.

Justice Abiriyi, said Governor Bindow acted in error when he granted approval for Yerima Wakili to be the District Head without any recommendation from Mubi Emirate Council to that effect and knocked out the appeal in its entirety.

He added that the state High Court was right in its decision when it discovered that former Governor Bindow was wrong to had appointed who was not even recommended for the appointment.

According to him, Mubi Emirate Council acted within the purview of the law, but that Governor Bindow decided to manoeuvre and confirmed the appellant who was not recommended for the seat, and resolved all 3 issues raised for determination in favour of the Mahmud Abubakar.

In his reaction shortly after the judgement of the court to NEWS PLATFORM, Mahmud Abubakar, appreciated the court for what he described as wonderful judgement, saying that the court has considered the interest of the general public and the provisions of the law.

Mahmud Abubakar urged his entire subjects to remain peaceful, live as brothers and sisters and work towards the development of Adamawa state and Nigeria in general.