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Again, Supreme Court dismisses appeal on Taraba APC guber ticket

By Ameh Ochojila, Abuja
17 February 2023   |   3:33 am
For the second time in one month, the Supreme Court, yesterday, dismissed another appeal filed by Yusuf Abubakar, challenging nomination of Emmanuel Bwacha as the governorship candidate of the All Progressives Congress (APC) for Taraba State.

Gavel

For the second time in one month, the Supreme Court, yesterday, dismissed another appeal filed by Yusuf Abubakar, challenging nomination of Emmanuel Bwacha as the governorship candidate of the All Progressives Congress (APC) for Taraba State.

The Apex Court threw out the fresh appeal based on voluntary withdrawal by the appellant, Abubakar.

At yesterday’s proceedings, counsel to the appellant, Sarafa Yusuff, informed the court that his client’s case has become spent and mere academic exercise in view of February 1 judgment of the court on the same matter.

The counsel specifically told the court’s five-man panel of justices, led by Justice John Okoro, that Justice Kudirat Kekere-Ekun had granted reliefs being sought in the fresh matter in the February 1 judgment delivered.

He, thereafter, applied for withdrawal of his client’s case from being adjudicated upon.

Based on no objection from other parties in the matter, Justice Okoro, accordingly, dismissed the suit without any cost against the appellant.

The Supreme Court had, on February 1, voided APC’S primary election in Taraba State, which produced Bwacha as party’s governorship candidate.

Yusuf, in the fresh appeal, challenged the judgment of the Court of Appeal delivered in favour of Bwacha, which set aside the judgment of a federal court.

A Federal High Court, sitting in Abuja, had earlier nullified the APC primary election that produced Bwacha.

Justice Obiora Egwuatu, in the judgment, held that submissions presented before him by parties in the legal tussle indicated that the governorship primary of the party was a nullity, having been conducted in violation of provisions of the law.

Aside from nullifying the primary, the judge also ordered that a fresh primary election be conducted within 14 days of the judgment in line with provisions of the law.

Not satisfied with Justice Egwuatu’s judgment, Bwacha, who is the incumbent Senator representing Taraba South, appealed the judgment.

The Supreme Court had, in a judgment, nullified the nomination of Bwacha as Taraba APC governorship candidate.

The Apex Court set aside the judgment of the Court of Appeal, Yola Division, which had, on November 24, 2022, reinstated Bwacha as governorship candidate of the APC.

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