The Court of Appeal has reserved judgment in the appeal filed by the New Nigeria Peoples Party and its candidate Salisu Yushau, against the re-election of Alhassan Doguwa of the All Progressive Congress (APC).
A three-member panel of the appellate court led by Justice Ita George-Mbaba, reserved judgment to a date that would be communicated to parties shortly after all counsel adopted and argued their brief of argument in the appeal.
Tthe National and State House of Assembly Election Petition Tribunal had on April 7, struck out a petition filed by NNPP seeking to restrain INEC from conducting supplementary polls in Tudun Wada/ Doguwa Federal constituency in the state.
Yushau and NNPP are seeking the court to set aside the decision of the National and State House of Assembly Election Petition Tribunal which claimed lack of jurisdiction to stop INEC from conducting the supplementary election.
The appellant in their application are also seeking the court to set aside the April 15 re-run election that declared Doguwa as winner, member representing Tudun Wada/ Doguwa Federal constituency.
The respondents in the suit are: Independent National Electoral Commission (INEC), Alhassan Doguwa, member representing Tudun Wada/ Doguwa Federal constituency Kano and APC.
Counsel to the appellant, Adegboyega Awomolo SAN, said they filed their notice of preliminary objection on April 25, with a written address urging the court to allow the appeal and strike out the respondents preliminary objection.
“where there is a final declaration and return of candidate as winner and there was no objection to the decision of INEC then election petition can be filed pursuant to section 24(4)of electoral act 2022.
“Where there is inconclusive election there shall be no valid election until it is concluded”
Counsel to the first respondent, Mr Idris Yakubu, filed a brief argument dated April 25, and urged the court to dismiss the suit.
Counsel to the second and third respondent, Mr Nureini Jimoh, SAN, and Mr Abdul Adamu-Fagge, said a rerun election is different from supplementary election and urge the court to strike out the main suit at tribunal and dismiss the appeal with a cost.
“INEC says once election is completed it should not be set aside pursuant to section 84 and 24(6) of electoral act.