The Appeal Court, Kano division on Wednesday has affirmed the verdict of the Federal high court that validated the All Progressives Congress (APC) primary that declared Abdullahi Mahmoud Gaya as the party’s candidate for Gaya/Ajingi/Albasu federal constituency of Kano State for the 2023 general elections.
The court struck out the appeal filed by the special assistant to president Muhammad Buhari on digital communication, Bashir Ahmad, challenging the credibility of Gaya’s victory at the APC primary.
In a lead panel judgment of Justice Boloukuromo Ugo, Justice Usman Alhaji Musale and presiding Judge, Justice Ita G. Mbaba, the appellate court dismissed the appellant’s appeal on the basis that the lower court delivered judgement on the pre-election trial outside the 180 days limit stipulated by the constitution.
The first (Gaya) and second (APC) respondents had moved a preliminary objection challenging the jurisdiction of the court of appeal to appeal Ahmad’s appeal, citing the provisions of section 284 (10) of 1999 constitution of the federal republic of Nigeria as amended.
Justice Mbaba submitted that since the lower court had exceeded the days provided by the constitution for delivery of judgement on the pre-election trial, the court of appeal lacked the jurisdiction to sit on proceedings that ought to be in nullity.
Although the substance of appeal which bothered on whether or not, Gaya’s nomination was in line with the provisions of electoral law, was not decided, the court of appeal henceforth held that the provisions of the constitution on jurisdiction remained sanscrosant and static.
The presidential aide had questioned the 7th, December, 2022 judgement of Justice Abdullahi Liman of the Federal high court in Kano, which dismissed his prayers against Gaya for lacking in merit.
Gaya was declared the winner with 109 votes to defeat Ahmad who got 16 votes in the May 27th, 2022 APC primary, to secure the party’s ticket.