BIG STORY
By
Anas Sani Anka
Managing Editor
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It sounds unbelievable when papers went viral on the Social Media that, the People’s Democratic Party and indeed its gubernatorial candidate Dr. Dauda Lawal had filed an appeal challenging the decision of the Federal High Court, Gusau over the nullification of the 25th May 2022 Gubernatorial primary election conducted by the party.
The party has allegedly appeal the judgment of Justice Aminu Bappa led High Court on the grounds of certain errors detected in the judgment.
But stakeholders believed the decision by the PDP and its Gubernatorial candidate to appeal same judgment is completely an indecision that is capable of causing a further confusion within the party.
They advocated for more peaceful steps to resolve the lingering crises between Eng. Ibrahim Shehu, Hafiz Muhammad Nahuche and Dr. Dauda Lawal Dare.
It could be recalled the Federal High Court Gusau presided over by Justice Aminu Bappa had nullified the PDP Primary Election that produced Dr. Dauda Lawal as the PDP Gubernatorial candidate and ordered the PDP to go back and conduct fresh Primary Election that is in tandem with the law. It also ordered INEC to accept any candidate produced by the same fresh Primary Election for the purpose of the conduct of the 2023 elections.
IT WAS TRUE AN APPEAL WAS FILED IN RESPECT OF THE JUDGMENT DELIVERED BY AMINU BAPPA LED FHC GUSAU.
The spokesperson of the embattled PDP Gubernatorial Candidate Faruk Ahmad Shatiman Rijiya had confirmed that an appeal has been made in respect of the Federal High Court Gusau judgment.
He said the party and indeed Dr. Dauda Lawal are awaiting further communication from the Sokoto Division of the Court of Appeal regarding the substantive date fixed.
He said the legal team of the PDP and that of the Gubernatorial candidate insisted that there are windows to succeed in the appeal and the grounds are solid if they are tested at the appellate court.
“Despite conceding to the judgment by conducting fresh election, they can still appeal the judgment because there are grounds to leverage often”.
WE ARE YET TO BE SERVED WITH THE NOTICE OF APPEAL BY THE PDP AND DR. DAUDA LAWAL: IBRAHIM SHEHU
The spokesperson of Eng. Ibrahim Shehu Gusau one of the supposed defendants in the appeal Comrade Nasiru Ahmad Zabarma has reacted that neither his principal or any of his Aides were not served with the notice of appeal made by the PDP and Dr. Dauda Lawal.
He said he wondered how PDP and Dr. Dauda Lawal would appeal same judgment they have conceded hence they had since conducted another Primary Election which also has been contested by Ibrahim Shehu and Hafiz Nahuche in court.
“To the best of our knowledge, the PDP and indeed Dr. Dauda Lawal had conceded to the judgment of the Federal High Court Gusau since they have conducted fresh Primaries and reproduced Dr. Dauda Lawal. I don’t understand the idea of appeal again”.
“We have already approached the Federal High Court Gusau again with another fresh suit challenging the conduct of the fresh Primaries conducted by the PDP and I am sure the parties are fully served”.
“Remember that the Accord Party is already in court challenging the PDP for conducting fresh party primaries not in compliance with the provision of section 82(1) of the Electoral Act 2022 as amended”.
He insisted that his principal is ready to fight it at the court of appeal once he received the service of the notice of appeal.
REACTION OF LAWYERS: LEGALITY OF THE APPEAL BY THE PDP AND DR. DAUDA LAWAL
Some lawyers interviewed in Gusau had insisted that it resulted to an abuse of court processes for someone to concede to a court judgment and appeal same because issue of judgment is a “two-way-traffic” you either accept the verdict and act according to the order as contained in the judgment or in alternative, one shall opt for an appeal.
If it is true that the PDP and Dr. Dauda Lawal had appealed the Federal High court judgment after conducting fresh party Primaries on the order of the court it is surely and abuse of court process and I am sure the Court of Appeal will do the most needful” a private legal practitioner based in Gusau stated.
Another lawyer said. ‘”the PDP and its embattled gubernatorial candidate Dr. Dauda need to be guided properly by his legal team. No lawyer can advise his client to appeal a court judgment that has been conceded but, meanwhile, time shall tell.
