Another setback for APC as Appeal Court declines enforcement order

The Appeal Court sitting in Sokoto has dismissed the appeal filed by Aminu Sani Jaji challenging the judgement of the lower court which upheld the primaries of the All Progressives Congress (APC) in Zamfara state.

Also affected by the ruling was the earlier motion filed by APC, seeking the enforcement of the earlier judgement as the panel did not make any order in respect to the motion.

The dismissal followed the motion of withdrawal of appeal filed by the counsels to the appellant, Ishayaka Dikko (SAN).

He cited order 11 rule 4 of the Court of Appeal 2016 which gives the appellant unilateral right to withdraw his case at any given time.

Objecting the motion, Counsel to Zamfara APC, Mahmud Magaji (SAN) argued that the withdrawal was not in compliance with the rule of the court, considering the provision of Order 11 Rule 4 which stipulated that counsel in an appeal must consent to withdrawal of the appeal by the appellant.

However, the panel after hearing both arguments dismissed the appeal.

The presiding Judge, Justice Jummai Hannatu Sankey averred that the appellant has the right to withdraw his case at anytime considering that no issue has been joined yet.

On the basis on that, the panel dismissed the appeal including the motion earlier filed by the Zamfara APC, seeking the enforcement of the judgement of the Zamfara High Court which upheld the primaries of the party in the state.

Reacting to the ruling, Counsel to APC, Magaji (SAN), said they have no doubt about the position of the court.

On whether they would take the matter to the apex court, he said that would be the decision of his client.

Similarly, counsel to 43 to 182 respondents, Chief Mike Ozekhome (SAN), commended the court for dismissing the case, saying as it is now APC has no candidates in the forthcoming elections.

He also commended INEC which in compliance with the judgement of the Abuja high court refused to recognise the purported primaries of APC in the state, saying it was an indication that the electoral body was truly independent of any external interference.

However, Senator Kabiru Marafa and Jaji have all hailed the ruling, describing it as a victory to democracy.

According to them, gone were the days when somebody would impose candidates on his people unchallenged.

Marafa added that “God has answered the prayers of our peoples who are being killed and kidnapped everyday and prayed for change of government which would be responsive to their course.

IsThisChange:
Updated: APC Will not field Candidate as Appealant withdrawn From appeal

Earlier in the morning news were filtering everywhere that Apeal court had order INEC to field APC candidate.

Such order was not given at Apeal court today.

What played out was that the Appellant withdrawn his case.

Therefore the Appeal court Judges rule so.

With no further ruling or judgment.

As it stands INEC stands still hold APC still has no candidate in Zamfara.

Front0lane:
With no relevant source to buttress your point you think anyone with a brain will believe you considering the fact that you have solely dedicated your Igbotic life to bigotry and lies ?
Mbanu I do not think so !

Front0lane:
With no relevant source to buttress your point you think anyone with a brain will believe you considering the fact that you have solely dedicated your Igbotic life to bigotry and lies ?
Mbanu I do not think so !

IsThisChange:


I don't respond to zombies

Even myd44 know you're not to be trusted

IsThisChange:
Pachukwudi44, Firefire where una dey

Firefire:



APC is dead in zamfara...

senatordave1:

Does pdp exist in zamfara.fire burn y....

IsThisChange:
Tonyebarcanista he be like say zamfara dey go your riverw way now hooo

TonyeBarcanista:
God works in mysterious ways


However, we have to know what's the appeal about and who is/are the appellant (s)..

The Court of Appeal in Sokoto has dismissed an appeal against the judgment of a Zamfara State High Court asking the Independent National Electoral Commission (INEC) to recognise candidates of the All Progressives Congress (APC) for various offices in Zamfara State.

The judgment returns the parties to the status quo before the appeal court’s decision.

The federal high court’s judgment which stopped the party from participating in the elections has not been set aside while the judgment of a Zamfara State High Court which asked INEC to recognize the party’s candidates for the election also subsists.

A three-member panel of judges unanimously dismissed the appeal following its withdrawal by the appellant, Aminu Jaji.
INEC has earlier insisted it would not recognise the Zamfara candidates who were produced after the stipulated time for the primaries.

The electoral body also maintained its position following conflicting judgments on the matter by a high court of Zamfara and federal high court on the same day.

TonyeBarcanista:
God works in mysterious ways


However, we have to know what's the appeal about and who is/are the appellant (s)..

Front0lane:
With no relevant source to buttress your point you think anyone with a brain will believe you considering the fact that you have solely dedicated your Igbotic life to bigotry and lies ?
Mbanu I do not think so !

IsThisChange:





https://www.google.com.ng/amp/s/www.thisdaylive.com/index.php/2019/02/13/appeal-court-dismisses-zamfara-apcs-appeal-on-election/%3famp

TonyeBarcanista:

This is good news for us

IsThisChange:


And one malami is trying to confuse INEC with query