Updated: Appeal affirms Gagdi’s election

The Court of Appeal, Jos division has upheld the election of Hon Yusuf Adamu Gagdi, of the All Progressives Congress (APC) as the duly elected representative of Pankshing/Kanke/Kanam federal constituency of Plateau state.

Delivering judgement Monday, Justice Ukechuku Onyemenam dismissed the appeal filed by Peoples Democratic Party (PDP) and its candidate, Hon Timothy Gulu, for lacking merit.

Justice Onyemenam in judgement upheld the right of the National Assembly Election Petition Tribunal to strike out paragraphs, 22, 23, and 24 of the Gulu’s claims, saying there were at variance with the main petition.

Further, she said the court held that the whole issues and grounds of the petition revolved around claims of irregularities, noting that since they were struck out by the petition it becomes incompetent before the tribunal.

“Where there is no nexus between the reliefs, the petition was defective, the tribunal was right to strike out some paragraphs in the petition,” she held.

Also, Justice Onyemenam held that since the appellant had two disjunctive issues the petition becomes weak and was therefore struck out for its incompetence.

“I, therefore, hold that the appeal is lacking in merit. And the election of Hon Yusuf Adamu Gagdi, was in substantial compliance with the provisions of the electoral act,” she held.

Justice Onyemenam reaffirmed the declaration and returned of Yusuf Adamu Gagdi by the Independent National Electoral Commission (INEC) as the duly elected representative of Pankshing/Kanke/Kanam federal constituency.

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