The Judgment in the appeal filed by the New Nigerian People’s Party (NNPP) and its candidate Salisu Yushau against the re-election of the All Progressives Congress’ Alhassan Doguwa has been reserved.
A three-member panel of the appellate court led by Justice Ita George-Mbaba, reserved judgment to a date that would be communicated to parties.
This happened shortly after all counsel adopted and argued their brief of argument in the appeal.
Earlier, the National and State House of Assembly Election Petition Tribunal struck out a petition filed by NNPP seeking to prevent INEC from conducting supplementary polls in Tudun Wada/ Doguwa Federal constituency in Kano.
Yushau and NNPP want the court to set aside the verdict of the National and State House of Assembly Election Petition Tribunal which sought a lack of authority to stop INEC from conducting the supplementary election.
The plaintiff in their application, sought the court to set aside the April 15 re-run election that declared Doguwa as winner.
The Independent National Electoral Commission (INEC), Alhassan Doguwa, member representing Tudun Wada/ Doguwa Federal constituency Kano and APC are all respondents in the suit.
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Adegboyega Awomolo SAN, counsel to the appellant, stated that they filed their notice of preliminary objection on April 25.
The notice came with a written address, praying the court to permit the appeal and rule out the respondent’s initial objection.
“Where there is a final declaration and return of candidate as the winner and there was no objection to the decision of INEC then an election petition can be filed pursuant to section 24(4) of the electoral act 2022.
Where there is an inconclusive election there shall be no valid election until it is concluded”
Mr. Idris Yakubu, counsel to the first respondent, filed a brief argument dated April 25 and pleaded with the court to dismiss the suit.
Mr. Nureini Jimoh, SAN, counsel to the second and third respondents, and Mr. Abdul Adamu-Fagge, said a rerun election is different from a supplementary election.
He, therefore, urged the court to strike out the main suit at the tribunal and dismiss the appeal with a cost.
“INEC says once an election is completed it should not be set aside pursuant to sections 84 and 24(6) of the electoral act.
