Ahead of today’s judgment, on December 21, the Justice Abdul Aboki-led five-man bench of the appeal court heard three appeals and a cross-appeal by the APC.
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Besides, the court held that the tribunal “grossly misdirected itself”, when it not only nullified governor Ishaku’s election, but went ahead to declare the candidate of the APC, Alhassan, winner.
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The Election Petition Tribunal sitting in Abuja had declared on November 7 that Alhassan was the duly elected governor, saying Ishaku did not emerge candidate of the PDP in a proper primary election.
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The appeal court therefore set aside the judgment of the Justice Danladi Abubakar and ordered that the certificate of return issued to Governor Ishaku by the Independent National Electoral Commission remained valid.
“The PDP has admitted to have sponsored the appellant in its deposition”.
Aboki held that the appellant met all the statutory conditions to contest the election. From the pleadings and facts, it is obvious that the appellant is a member of the PDP. “The most important question to be asked here is, was the appellant a member of a political party or sponsored by a party to participate at the election?”
The News Agency of Nigeria (NAN) reported that four other cross-appeals filed by parties were ruled in favour of Ishaku.
Reacting to the comments by Mr. Magaji, the counsel to Mr. Ishaku, Kanu Agabi, said his client would not undermine the right of the APC and its candidate to seek further appeal.
“We know right from time that injustice was done to our client by his removal by the tribunal, ” he said.
The counsel to Mrs. Alhassan, Mahmud Magaji, stated this while briefing journalists after the ruling in Abuja, Friday.
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He said the constitution states that if a person is considered unqualified for an election, the election should be declared null and void.
