Report by Mudasir Opeyemi
The Court of Appeal, Sokoto Division on Friday reinstated Dauda Lawal-Dare as the Peoples Democratic Party (PDP) governorship candidate in the 2023 general elections in the State.
The court thereby set aside the judgment of the Federal High Court sitting in Gusau, the state capital, which had earlier disqualified Lawal-Dare.
Recall that in September last year, the court nullified the primary through which Lawal-Dare emerged as the party’s candidate.
The nullification followed a suit filed by Ibrahim Shehu and two other aspirants challenging the credibility of the primary.
The court also ordered a re-run but Lawal-Dare emerged winner at the re-run held in September.
In November, the Federal High Court nullified the said re-run governorship primary of the PDP that produced the plaintiff as the party’s candidate, marking the second time the court would disqualify the party’s governorship primary election in the state.
The Federal High Court had also declared in its judgement that the PDP had no candidate for the said position in the forthcoming election in the state.
Not satisfied,the Appellants, Lawal-Dare, Adamu Maina-Waziri, the Chairman Primary Election Committee and Retired Col. Bala Mande approached the Appeal Court for redress.
Respondents in suit were Dr Ibrahim Shehu-Gusau, Alhaji Wadatau Madawaki, Hafiz Nahuche and Independent National Electoral Commission (INEC).
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In a uninimous judgment read by Justice Abubakar Talba on behalf of others, Justice Talba said the Appellants have succeeded to proved all the seven grounds of appeals canvassed by the Counsels and all resolved in favour of the Appellants.
He dismissed all the Preliminary objections on competency of the Appeal suit on the bases of judicial provisions and interest of fear hearing arguing that technical defaults could not supersede judicial provisions.
Justice Talba held the lower court judge was wrong to discountenance documents submitted from INEC, trail court did not stipulated period of conducting re-run election and notices of participation.
He added that they perused all the arguments presented by different Counsels, citations of court judgements and other judicial considerations and arrived at the decision, thereby set aside the lower court judgement and answer the prayer sought in affirmative.
He said the trial judge, Justice Aminu Bappah-Aliyu of Federal High Court Gusau, failed on his legal responsibilities in some judicial considerations, giving parties fear hearing and others.
Justice Talba awarded N200,000 as cost to Appellants against the Respondents.
Meanwhile, in another judgment in a separate suit delivered by Justice Talba, he upheld prayers of Lawal-Dare, Maina-Waziri and Mande against the same Respondents.
He agreed that respondents did not prove that the PDP primary election Appeal panel went into hiding as evidences were not adduced.