There is controversy over whether the Abuja Division of the Court of Appeal cleared the Zamfara State chapter of the All Progressives Congress (APC), to contest the governorship and national and state Assembly elections in the state.

Yesterday evening, reports indicated that the state APC had been cleared by the Appeal Court in Abuja to present candidates for the elections they had earlier been barred from.

Hours after, fresh reports indicated that the Abuja Division of the Court of Appeal set aside the judgement of the Federal High Court, Abuja, which affirmed the decision of the Independent National Electoral Commission (INEC) that barred the APC from fielding candidates in the elections in Zamfara.

On January 25, Justice Ijeoma Ojukwu of the Federal High Court, Abuja, had, in a judgement held that INEC was right to have delisted names of candidates the APC presented for the elections, stating that the APC failed to conduct a valid primary within the period scheduled by the electoral body.

But, an earlier report, yesterday, indicated that a three-man panel of the appellate court, led by Justice Abdul Aboki, held that the trial court lacked the jurisdiction to have entertained the suit, that it was an abuse of court process.

He stressed that the suit at the federal high court was filed out of time, the Electoral Act provides for 14 days to institute a suit after the cause of action had arisen, the suit was filed 15 days after, and therefore rendered the action incompetent.

But the Court of Appeal in Sokoto did not order INEC to accept Zamfara APC candidates.

Rather, the three-member panel of the court gave an order, through Justice Jummai Sankey, dismissing a suit filed by a member of the House of Representatives, Aminu Jaji.

The suit was challenging the ruling of a high court of Zamfara State, which ordered INEC to accept candidates from the APC.

Jaji, one of the governorship aspirants of the APC, approached the Court of Appeal to inform it of his decision to withdraw the suit. Following his request, the court dismissed the suit based on its rules and the request of the plaintiff.

A certified copy of the dismissal, reads: “It is ordered as follows: That the appellant, having met all the conditions for the withdrawal of the appeal, as set out under order 11, rule 1.

“This appeal under No. CA/S/23/2019 is hereby dismissed pursuant to order 11, rule 5 of the court of appeal rules 2016.”

Jaji asked the Sokoto Division of the Court of Appeal to nullify the judgement by the Zamfara State High Court which had directed the Independent National Electoral Commission (INEC), to accept candidates from the APC.

At about the same time as the Zamfara high court ruling, another high court in Abuja also ordered INEC not to accept candidates from the governing party in the state.

INEC announced that it decided to comply with the order of the Abuja court.

INEC had declined to accept APC candidates in Zamfara because, according to the commission, the party failed to meet the deadline for holding primaries.

Ibrahim Dosara, a spokesperson for Abdulaziz Yari, governor of Zamfara State, had, in a message claimed that by Wednesday’s dismissal, the judgement by the Zamfara State High Court stands.

https://www.sunnewsonline.com/controversy-trails-appeal-court-rulling-on-zamfara-apc-candidates/

Lalasticlala Seun Mynd44

nnn

Wasted effort.

APC in river,zamfara, Ogun,cross river, IMO and Enugu should start preparing for 2023

There is no controversy at all...

The Coast is clear....

Recall that INEC had declined to accept APC candidates in Zamfara because, according to the commission, the party failed to meet the deadline for holding primaries.

This gave rise to two different Court litigations. One at Zamfara State High Court while the second was at FCT High Court Abuja.

On 25th of January 2019 precisely, the two courts issued conflicting rulings on whether the Independent National Electoral Commission (INEC) can accept candidates presented by the All Progressives Congress (APC) for Zamfara State elections in 2019.

In Zamfara State, a High Court sitting in Gusau, ruled that the governing APC actually conducted primaries in the state and should be allowed to present candidates for electoral contest.

An Abuja court, however, ruled otherwise.

The Zamfara court specifically directed INEC to accept candidates from the party for Zamfara States in the forthcoming elections.

https://www.nairaland.com/4983785/two-courts-issue-conflicting-judgments

Based on the above, I summarize as follows:

1. A High Court in Zamfara gave a judgement, ordering INEC to reverse its decision to ban APC from fielding its candidates.

2. A Federal High Court in Abuja same day gave a judgment ordering INEC not to accept the APC candidates.

3. INEC for reasons best known to it choose to obey the Abuja high court Judgement while ignoring the one given by the Zamfara state high Court.

https://www.nairaland.com/4994271/jubilation-zamfara-inec-removes-apc

4. However, the Appeal Court in Abuja yesterday set aside the judgement of the Federal high court Abuja which ruled that INEC acted within its powers by refusing to accept the list of candidates from the Zamfara State chapter of the APC.

https://www.nairaland.com/5038510/court-appeal-clears-zamfara-apc

5. In setting aside the Abuja judgement, the appeal court gave two major reasons......First they said the Abuja suit was filled out of time, the same reason that killed the chances of APC in Rivers. Secondly, they said the Abuja suit was an abuse of court process that it should not have been entertained in first place since a similar suit was already subsisting in Zamfara State high Court....

6. Thus from the forgoing, the only remaining judgement is the Zamfara court judgement that specifically asked INEC to allow APC Zamfara to field its candidate which up till today has not been appealed or Upturned. So, the APC Zamfara candidates are cleared now for the elections.

We want lawyers in the house........

When two courts of equal jurisdiction makes a pronouncement,which is the accepted one?

Let us not forget the judgements:
-INEC had insisted that there were no primaries in Zamfara state.

-A State High Court sitting in Gusau asked INEC to accept names that primaries indeed held.

-A Federal High Court sitting in Abuja same day,did not rule whether there were primaries or not,if only ruled that INEC had the powers to discipline parties who do not conduct or conduct shabby primaries.

-A Governorship Aspirant Jiji appealed the Zamfara State High Court judgement to the Appellate Court in Sokoto.
Before its ruling,the same Jiji withdrew his case,hence the Appellate had no option than strike out the case since the petitioner had withdrawn his case,there is nothing to give judgement on.
It refused to give judgement whether to uphold or strike down the Zamfara State high court judgement.

-Same day,the Appellate Court in Abuja had asked INEC to maintain status quo,I.e. INEC's decision on non-acceptance of Zamfara APC Candidates.

-The AGF,obviously an interested party had written INEC to have a re-think.

-The appellate Court under Justice Aboki had given judgement on a case challenging the FHC,Abuja judgement on technicalities.

Lawyers,in the house,...the Appeal Courts in Sokoto and Abuja had maintained status quo.
The Appeal Court in Abuja yesterday under Justice Aboki (another panel this time), had struck out the FHC,Abuja judgement without upholding inter alia the Zamfara State High Court judgement.

When two courts of equal jurisdiction gives a matter on a case,help us...please...

fergie001:
We want lawyers in the house........

When two courts of equal jurisdiction makes a pronouncement,which is the accepted one?

Let us not forget the judgements:
-INEC had insisted that there were no primaries in Zamfara state.

-A State High Court sitting in Gusau asked INEC to accept names that primaries indeed held.

-A Federal High Court sitting in Abuja same day,did not rule whether there were primaries or not,if only ruled that INEC had the powers to discipline parties who do not conduct or conduct shabby primaries.

-A Governorship Aspirant Jiji appealed the Zamfara State High Court judgement to the Appellate Court in Sokoto.
Before its ruling,the same Jiji withdrew his case,hence the Appellate had no option than strike out the case since the petitioner had withdrawn his case,there is nothing to give judgement on.
It refused to give judgement whether to uphold or strike down the Zamfara State high court judgement.

-Same day,the Appellate Court in Abuja had asked INEC to maintain status quo,I.e. INEC's decision on non-acceptance of Zamfara APC Candidates.

-The AGF,obviously an interested party had written INEC to have a re-think.

-The appellate Court under Justice Aboki had given judgement on a case challenging the FHC,Abuja judgement on technicalities.

Lawyers,in the house,...the Appeal Courts in Sokoto and Abuja had maintained status quo.
The Appeal Court in Abuja yesterday under Justice Aboki (another panel this time), had struck out the FHC,Abuja judgement without upholding inter alia the Zamfara State High Court judgement.

When two courts of equal jurisdiction gives a matter on a case,help us...please...

Supreme Court ll settle d issue forget kahal whose brain has been block by partisanship

Zamfara apc is not fielding candidates for this election

Apc urchins can jump into the lagoon

A fact remains that APC does not have candidates to present in Zamfara State.Almost same scenario in Rivers is what that is happening here.

There is no controversy here. We had two judgement the same day from two courts of coordinate jurisdiction giving contrary orders. Both orders were appealed. The appeal against the judgement of the federal high court was successful and thereby set aside while the appeal against the Zamfara high court judgement failed and was struck out. By implication, the only valid judgement today is that of the Zamfara high court which ordered INEC to accept the candidates of Zamfara APC from the Yari faction. INEC has no choice than to obey the judgement of the Zamfara high court and return APC candidates to the ballot in the state.

Racoon:
A fact remains that APC does not have candidates to present in Zamfara State.Almost same scenario in Rivers is what that is happening here.

The usual uninformed ipob opinion.

seunmsg:


The usual uninformed ipob opinion.

Stupid reply from acclaimed Megalomaniac

You should be banned for cyber bullying.