See What The Court Did To Bashir Ahmad’s Appeal Challenging The Credibility Of Gaya’s Nomination For APC Primary

See What The Court Did To Bashir Ahmad’s Appeal Challenging The Credibility Of Gaya’s Nomination For APC Primary

The Kano division of the Court of Appeal yesterday upheld the Federal High Court verdict that validated the All Progressives Congress (APC) primary that produced Abdullahi Gaya as the party’s candidate for Kano State’s Gaya/Ajingi/Albasu Federal constituency in next month’s election.

The appeal filed by Bashir Ahmad, Special Assistant to President Muhammadu Buhari on Digital Communication, challenging Gaya’s nomination in the primary was dismissed by the court.

The appellate court dismissed the appeal in a lead judgment by Justices Ita Mbaba (presiding), Boloukuromo Ugo, and Usman Musale on the grounds that the lower court delivered judgment on the pre-election trial outside the 180-day limit stipulated by the constitution.

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The respondents, Gaya and APC, had filed a preliminary objection challenging the Court of Appeal’s jurisdiction to hear Ahmad’s case, citing Section 284 (10) of the 1999 Constitution.

Justice Mbaba argued that because the lower court had exceeded the constitutional deadline for delivering a decision on a pre-election case, the appellate court lacked jurisdiction to hear proceedings that should have been dismissed.

The presidential aide had challenged Justice Abdullahi Liman’s December 7, 2022 decision of the Federal High Court in Kano, which dismissed his prayers against Gaya as meritless.

Despite Ahmad’s lawyer, Rilwan Idris, arguing that the electoral committee delegated by APC headquarters tactically prevented the 85 delegates from voting, Liman insisted that Ahmad could not sufficiently certify their membership on the APC register.

Gaya received 109 votes to defeat Ahmad, who received 16 votes in the July 27, 2022 APC primary to secure the party’s ticket.

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