The Court of Appeal sitting in Abuja Friday, December 3, dismissed the judgement of the FCT High Court that denied Hon. Suleiman Alhassan Gwagwa victory as the Abuja Municipal Area Council (AMAC) All Progressives Congress (APC) Chairmanship candidate in the 2022 AMAC council election.
The FCT High Court judge, Justice Babangida Hassan, on September 27, said that Gwagwa won the AMAC APC Chairmanship primary election, but denied him the victory on the ground that he failed to approach the court within 14 days, as required by law.
Justice Hassan held that Gwagwa, who had filed his suit 16 days upon when the 3rd respondent, the Independent National Electoral Commission (INEC), received a letter dated 25th May, 2021 on 28th May, 2021, which substituted his name with the 1st respondent, Murtala Karshi, failed to meet the 14 days required by law, within which to seek for redress.
Delivering judgement, the Appeal Court judge, Justice Danlami Zama Sanchi, described the lower court’s ruling as “miscarriage of justice and wrong,” adding that the appellant, who won the primary election in April, had no reason to seek redress until someone’s name has been submitted.
Justice Sanchi said that the cause of action occurred when the 3rd respondent received the letter of the 2nd respondent dated 25th May, 2021 on 28th May, 2021, saying that the cause of action was 28th May, not 25th May, 2021, as held by the trial judge.
“The prayers of the appellant at the lower court is hereby sustained and the cross appeal by the respondents dismissed,” he ruled.
Speaking to journalists after the Appeal Court judgement, the APC candidate, Hon. Suleiman Alhassan Gwagwa, said that the court has done justice by restoring hope in the justice system, assuring that APC will win the AMAC election come February next year.
“We appreciate the judicial system for sustaining our internal democracy. Victory for Suleiman is a sure ticket. We are very sure that APC will win in February 2022. We won the primary election and won the case at the High Court and Appeal Court level. The mandate is for everybody,” he said.
