Appeal Court reserves judgements on Misau vs Jika, Bulkachuwa




Bulkachuwa

The Court of Appeal Jos division Thursday reserved judgement on the appeal filed by Hon Bappa Aliyu Misau of the Peoples Redemption Party (PRP) against Senator Haliru Dauda Jika of the All Progressives Congress (APC).

It also reserved judgement on the appeal of Garba Dahiru of the Peoples Democratic Party (PDP) againnt Senator Lawal Yahaya Gumau, as well as that of Hon Muhammad Wabu, of the Peoples Democratic Party (PDP) against Hon Garba Muhammad Gololo of the All Progressives Congress (APC.)

The three panel of judges, presided over by Justices Mrs, Ukechuku Onyemenam, heard the appeal of Hon. Bappa Misau, with adoption of by the appellant and respondents counsels respectively.

Counsel to the appellant, Marcel Oru, told the court that they are challenging the 1st respondent, based on his falsehood presentation of six different dates of birth and non presentation of genuine educational qualification to contest in the 2019 general election.

“The 1st respondent has not made the basic requirement of been upto secondary school level, he has not reached up to 35 years, and has presented false information to INEC, to qualify to contest in the election.”

Oru said the tribunal cleverly avoided nine out of the ten issues they raised, based on the preliminary objection brought by the respondent which challenged the jurisdiction of the tribunal arguing that though the issues were pre-election matters.

He said the lawmaker filled in his form CF001 to INEC different dates of birth, and by the provisions of “sections 65 and 66 of the Nigerian constitution and section 138 subsection 1 (a&e), of the Electoral Act, it is a post election matter.”

He urged the court set aside the tribunal judgement and declare Hon Bappa Misau senator representing Bauchi Central district.

But counsel to the 1st respondent, Mamood A. Magaji, argued that the appellant did not present a true reflection of what transpired at the tribunal.

He argued that the suit was basically a pre-election matter, adding that the appellant failed to challenge it at either state High Court or Federal High Court as provided for in the constitution.”

He said section 181 of the constitution is clear about it, urging the court to disallow the appeal and uphold the judgement of trial tribunal.

Similarly, the court reserved judgement on the suit filed by Hon Garba Dahiru against Senator Lawal Yahaya Gumau of Bauchi South district. It did same in the suit of Hon Muhammad Wabu against Hon Garba Muhammad Gololo of Gamawa federal constituency.

Dahiru is challenging Gumau on the grounds that he had not participated in all stages of the 2019 elections, Wabu, is challenging the authenticity of Hon Gololo certificates.

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