The Court of Appeal Yola Division has set aside the judgement of the Federal High Court which voided the election of Hon. Ja'afar Magaji, for Mubi North, Mubi South and Maiha Federal constituency.
The appellate court invalidated the judgement of the lower court delivered on the 25th November, 2022, which annulled the ticket of Hon. Ja'afar Magaji.
The presiding judge of the court, Hon. Justice H. A. Abiru, allowed the appeal, nullified the judgement and restored Hon. Ja'afar's ticket as the authentic and duly elected candidate of the party.
He held that the trial court erred when it came to conclusion that the delegates who had voted at the primary election held on the 25th May, 2022, were fake delegates.
He stated that a judge is an adjudicator and not investigator and shall decides cases based on evidence demostrated in court.
Justice Abiru, declared that the judgement of Hon. Justice Anka's led Federal High Court cannot be allowed to stand, saying that cases are not determined based on assumption.
Hon. Ja'afar, who is the incumbent member representing the constituency, emerged the winner of the APC primary election after scoring a 103 out of 125 total votes cast.
The outcome of the exercise held at Yadzara Cinema further indicated that Jibrilla Mohammed Jandani and Amina Kabir Mala scored zero votes, while, Mahmood Sali Yunusa got 1, Abubakar Umar Jarengol, 5 and Abubakar Sadiq Mana 9.
Disastified with the exercise, Mohammed Jandani and former Chairman Maiha LGC, along side others, dragged Hon. Ja'afar, APC, and INEC before the trial court and prayed it to nullify his election.
The plaintiffs alleged failure to comply with accredition as contained in the guidelines for the nomination of candidates.
It was based on the foregoing that the trial court voided the exercise, and barred APC from fielding a candidate in 2023; hence, the appeal which upturned the lower court's decision.
Reacting on the judgement, Counsel to the appellant, Abubakar Ali esq, described it as sound and comprehensive judgement, saying that it has vindicated APC which conducted the exercise.
Abubakar Ali esq, added that the judgement also vindicated their position at the trial court that the exercise was in compliance with the provision of law.
According to him, the judgement is a victory to democracy considering a situation whereby a judge will declare that a particular political party shall not be able to field in a candidate, saying that the verdict contributed immensely to the development of democracy.
He pointed out that they had filed about 11 grounds of appeal, formulated 6 issues for determination and argued their case properly, and noted with satisfaction the judgement of the court.
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