The Court of Appeal in Kano on Friday struck out an appeal filed by the New Nigeria People’s Party and its candidate Salisu Yushau, against the re-election of Alhassan Doguwa of the All Progressive Congress (APC).
Doguwa represents Doguwa/Tudun-wada Federal Constituency.
A three-member panel headed by Justice Ita George-Mbaba, in a unanimous judgment, also struck out the suit for lack of jurisdiction and affirmed the decision of Tribunal.
The court upheld the decision of the National and State House of Assembly Election Tribunal.
George-Mbaba also dismissed the appellants’ prayer to restrain the Independent National Electoral Commission (INEC)from issuance of Certificate of Return to Doguwa and equally withdraw the said Certificate it already issued to him.
The Judge also ordered the appellants to pay the respondents the sum of N200,000 as cost for filing frivolous petition.
The national and state assembly elections petitions 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.
The appellants in their appeal are seeking the court to set aside the tribunal’s decision 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 Mr Doguwa as the 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.
Earlier, Counsel to the appellants, Adegboyega Awomolo, SAN, argued that Section 4(6) of the Electoral Act 2022 empowers that any party can challenge the decision of INEC, adding that the Appeal was sequence to the provision of Electoral Act.
He urged the court to allow the appeal and strike out the respondents’ preliminary objection.
Counsel to the first respondent, Idris Yakubu, urged the court to dismiss the suit.
Counsel to the second and third respondents, Nureini Jimoh and Abdul Adamu-Fagge, urged the court to strike out the main suit at the tribunal and dismiss the appeal with a cost.