The Appeal Court Abuja has fixed March 6, 2019 for hearing on the appeal filed by the All Progressives Congress (APC) and Senator David Umaru seeking for the setting aside of the decision of a Federal High Court which declared Sani Musa as the party’s candidate in the February 23, 2019 senatorial election for Niger East Senatorial District.
In the appeal filed by its counsel, S. I. Ameh (SAN) complained against the decision of the Federal High Court on 10 grounds and sought for five reliefs.
According to notice of appeal papers made available to journalists, Mohammed Sani Musa, INEC and David Umaru are listed as 1st, 2nd and 3rd respondents respectively in the case where APC disowned Musa as its candidate in the senatorial election.
In the same vein, Senator Umaru in his appeal also complained against the judgement of the federal high court Abuja on 18 grounds of appeal seeking for an order of the Appeal Court to set aside the judgement/ order of the trial court made on February 7th, 2019.
Umaru represented by Chris Osuagu as counsel said,“the trial court erred in law when it assumed jurisdiction over the subject matter of the suit and granted all the reliefs sought by the third respondent despite the appellant’s objection to the court’s jurisdiction.”
He argued that the trial judge erred in law when he failed to evaluate documents that were placed before the court thereby shutting his eyes to them. He added that the finding of the trial court is perverse.
Also, APC complained that the trial judge erred in law when it held that the first respondent’s suit was not statute – barred and went ahead to exercise jurisdiction to entertain and determine the suit.
The party also argued that the trial judge erred in law in not recognizing its primary elections in which Umaru was the sole candidate and subsequently declared winner.
The party said, “The learned trial judge erred in law by nullifying the appellant’s choice of the third respondent as its candidate for the seat of Senator representing Niger East Senatorial District in the forthcoming 2019 general election and holding that there were no valid primaries held on the October 5th, 2018”.