The Court of Appeal, Sokoto division, has struck out appeal petition brought before it by the Peoples Democratic Party (PDP), Zamfara state, gubernatorial candidate, Alhaji Lawal Dare and others on grounds of lack of merit.
It was gathered that the appeal was filed earlier this month and was argued between the appellant’s and respondent counsels on 18th November, following the earlier judgment by the Federal High Court, sitting in Gusua.
Other appellants in the suit were Alhaji Adamu Maina Waziri who was sent from the national headquarters as returning officer and Col. Bala Mande, retired.
The presiding judge, Justice M.L. Shu’aibu, who read the unanimous judgment on behalf of two others, dismissed the entire suit for lack of merit and described it as mere academic exercise.
Respondents were Dr Ibrahim Shehu-Gusau, Alhaji Wadatau Madawaki, Hafiz Nahuche and Independent National Electoral Commission (INEC).
Judge Shu’aibu upheld the decision of the Federal High Court, Zamfara, in Zamfara state that nullified the May 25, 2022 PDP’s primary election which produced Dare as governorship candidate over substantive irregularities.
He said the appellants had complied with lower court judgment delivered by Justice Bappah-Aliyu and participated in the ordered fresh primary election which was also conducted in Sept. 23.
He further said participating in the fresh primary election, testimonies of witnesses and documents submitted as exhibits, the appellants had agreed with the violation of electoral acts as well as stipulated PDP guidelines.
The Appeal Court judge said he perused all the arguments presented by different counsels, citations of court judgments and other judicial considerations and arrived at the decision and thereby dismissed the suit based on lacked of merit and uphold the lower court judgment.
