JUST IN: Zamfara APC Can Field Candidates, Appeal Court Rules
independent.ng Feb 21, 2019 9:50 PM
The Court of Appeal, Abuja division, has said that the All Progressives Congress (APC) can field candidates in the general elections in Zamfara State.

The Appeal Court set aside the judgment of the Federal High Court in Abuja, which affirmed the decision of the Independent National Electoral Commission (INEC).


The INEC had barred the APC from fielding candidates.

A 3- man panel of the appellate court, led by Justice Abdul Aboki, held that the trial court lacked the jurisdiction to have entertained the suit.


He said that it was an abuse of court process.

He stressed that the suit at the federal high court was filed out of time, that 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.

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Not too many zombies about any more
What happened where they gone
What did they leave behind we they be back.

It is not yet Uhuru for the APC in Zamfara state. A closer look at the order given by the Court of Appeal reveals that the lower court does not have jurisdiction over the matter. Also, that the suit at the Federal High Court by APC National, was filled out of time and rendered it incompetent. The implication of this is that, the earlier decision of INEC not to field Zamfara APC candidates due to their inability to conduct primaries within the stipulated time and in accordance to the provisions of the electoral act remains sacrosanct. Hence no Zamfara APC candidates until a direct pronouncement to the contrary by a court.

Johnnyessence:
It is not yet Uhuru for the APC in Zamfara state. A closer look at the order given by the Court of Appeal reveals that the lower court does not have jurisdiction over the matter. Also, that the suit at the Federal High Court by APC National, was filled out of time and rendered it incompetent. The implication of this is that, the earlier decision of INEC not to field Zamfara APC candidates due to their inability to conduct primaries within the stipulated time and in accordance to the provisions of the electoral act remains sacrosanct. Hence no Zamfara APC candidates until a direct pronouncement to the contrary by a court.

Oga why using your precious time breaking down the verdict for paid people whose job is to mainly misrepresents facts without taking their time to understand first what they are misrepresenting you should have allowed them to get more frustrated when their candidate never get included, shikenan!

BERNIMOORE:
Oga why using your precious time breaking down the verdict for paid people whose job is to mainly misrepresents facts without taking their time to understand first what they are misrepresenting you should have allowed them to get more frustrated when their candidate never get included, shikenan!

Two courts of coordinate jurisdiction, one in Zamfara, rules in favour of APC, the other one in Abuja rule against APC.
This judgement is from a higher Court which sets aside the Abuja high court ruling, while that of Zamfara which was in APC favour has not been set aside.

Its you that doesn't know what you are talking about

BERNIMOORE:
Oga why using your precious time breaking down the verdict for paid people whose job is to mainly misrepresents facts without taking their time to understand first what they are misrepresenting you should have allowed them to get more frustrated when their candidate never get included, shikenan!

Let me educate you.... There are two judgements delivered on this Zamfara APC crisis....

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

2. However, 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.

4. It's that Abuja high judgement that the Appeal Court set aside today.

5. In setting aside the Abuja judgment, 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 judgment that asked INEC to allow APC Zamfara to field its candidate. So, the APC Zamfara candidates are cleared now for the elections.