The Sokoto division of the court of Appeal has reserved judgment in respect of the appeal filed by the People’s Democratic Party, Col. Bala Mande, Dr. Dauda Lawal and Adamu Maina Waziri challenging the Federal High Court Gusau judgment delivered against the first Zamfara gubernatorial primary election conducted on the 25th of May 2022.
It could be recalled that the judgment by Justice Aminu Bappa led Federal High Court Gusau has nullified the gubernatorial primary election which produced Dr. Dauda Lawal as the winner of the election.
Dissatisfied with the conduct of the primaries, the three aspirants namely Engr. Ibrahim Shehu Gusau, Malam Wadatau Madawaki and Hafiz Nahuche approached the Federal High Court Gusau and sought for the order of the court to nullify the election.
Justice Aminu Bappa nullified the gubernatorial primary election for the PDP on the ground of non-compliance with the law and ordered the party (PDP) to go and conduct fresh primaries in substantial compliance with the law.
PDP conceded to the judgment by conducting fresh gubernatorial primary election where Dr. Dauda Lawal Dare re-emerged as the winner.
But surprisingly, however, the parties namely PDP, Col. Bala Mande, Dr. Dauda Lawal and Adamu Maina Waziri filed an appeal on the same judgment they have conceded.
Counsel to Engr. Ibrahim Shehu Gusau and Hafiz Muhammad Nahuche Barr. Ibrahim Ali said during the Court of Appeal proceeding held on Friday, they have raised objection to the jurisdiction of the Court of Appeal to entertain the matter, especially that fresh primary election has been conducted, and the same appellant was declared winner.
Ali said, if they knew they want to appeal the judgment, they should have not go-ahead to conduct another primary election as instructed by the court.
He noted that at the resume seating on Friday, parties argued the motion on preliminary objection together with the substantive appeal, noting that questions were asked by the panel of judges which parties responded before they reserved judgment on the matter.
He noted that if the judges accepted the arguments of the defense that the court has no jurisdiction, then it will eventually dismiss the substantive appeal, and if it decided the other way, it will then look into the arguments of the parties on the substantive appeal.
But the lawyer described the appeal filed by the appellants as mere academic exercise, noting that even if the judgment is delivered in the affirmative, it will be of no consequences to either of the parties.
The court is expected to announce a date for delivering ruling on the motion argued concerning jurisdiction.
