COURT NULLIFIES APC’S PRIMARIES IN ZAMFARA
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The Court of Appeal Sokoto Division on Monday set aside the judgment delivered by the Zamfara High Court allowing the All Progressives Congress to field candidates in the 2019 elections.
The appeal was filed by Senator Kabiru Marafa, chairman of the Senate Committee on Petroleum (Downstream); and 129 others through his counsel, Mr. Mike Ozheokome, SAN.
Respondents are Kabiru Liman-Danalhaji and 139 others represented by Mr. Mahmud Magaji, SAN, as lead counsel.
Delivering the lead judgment, which was adopted by two other justices — Tijjani Abubakar and Jamilu Tukur — Justice Tom Yakubu held that the lower court failed in its duty to properly evaluate the evidence before it.
Yakubu said judges have the legal power to produce judgment and reach decisions with reason, noting that in the instance case, it was not done.
“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.
“Based on available facts, the respondents did not contradict the INEC evidence on conducting the said primary election,” Yakubu said.
The presiding judge, said, “Documented evidence has upper consideration than oral ones.”
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