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Appeal Court nullifies APC governorship and assembly primaries in Zamfara

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Ogun majority leader dumps 'Amosun's party', returns to APC

The Court of Appeal sitting in Sokoto State, led by Justice Tom Yakubu, has set aside the judgement of a Zamfara High Court on the All Progressives Congress primary election that produced the party’s candidates for the governorship, National and State Assembly elections.

The Court gave the ruling on Monday in a suit filed by Sen. Kabiru Marafa, Chairman of the Senate Committee on Petroleum (Downstream) and 129 others, with Mr Mike Ozheokome (SAN) as their lead counsel.

Joined in the matter as respondents are Kabiru Liman-Danalhaji and 139 others represented by Mr Mahmud Magaji SAN as lead Counsel.

Justice Yakubu who led judgment on Monday ruled that the lower court failed to evaluate evidence before it before producing the judgment that produced the candidates.

“I am convinced that the lower Court has failed to evaluate the evidence before reaching the decision.

”The Appeal Court has power in law to access pieces of evidence on appeal, which we have done.

Read also: Appeal Court nullifies APC governorship and assembly primaries in Zamfara

”Based on available facts the respondents did not contradict the INEC evidence on conducting the said primary election” Yakubu said.

He added, “documented evidence has upper consideration than oral ones”.

He maintained that the Federal, States and FCT High Courts have jurisdiction to entertain such matter and the plaintiffs being card-carrying party members and aspirants in the said primary election had legal capacity to institute the suit.

He warned that “Domestic affairs of political party activities must act within the confines of the law in dealing with party members and elections” the judges agreed.

Zamfara High Court had earlier compelled INEC to recognise candidates of the party produced from the primary election but the appellants approached the appeal court challenging the decision on the ground that the State High Court lacked jurisdiction to entertain the suit among others.

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