The Court of Appeal Jos division Monday quashed the judgment of the Federal High Court against Ibrahim Baba Hassan over alleged certificate forgery.
Justice Mudassiru Oniyangi in a consensus judgment said the lower court presided over by Justice Musa Kurya, lack the jurisdiction to enter judgment on a 2015 pre-election suit.
Mr Abdul Sale had challenged the educational qualification of Hon Ibrahim Baba Hassan in a 2015 pre-election matter, that lingered at the federal high court Jos division, until February, 26, 2019 when it judgment was delivered.
The Court of Appeal said, the provision of section 285 (10), of the 1999 constitution, has declined jurisdiction of the high court to heated and delivered judgment beyond 180 days.
“The matter has spent more than 3years as against 180 days, the judgment of the high court was done without jurisdiction and therefore all written judgment was nullity,” Justice Oniyangi ordered.
He said the grounds of appeal canvassed by the appellant pursuant to section 285, subsections (9),(10) & (12), have succeeded as the court found merit in the appeal.
Further, the judge said since the case is statute barred at the lower court, it would amount to waste of time for the Court of Appeal to delve into other grounds of appeal as canvassed by the appellant.
“There is merit in the appeal, the high court Judgment is hereby set aside,” he ordered.