The Court of Appeal Sokoto Division yesterday upheld the primary election which produced Dr. Dauda Lawal-Dare as the candidate of the Peoples Democratic Party (PDP) for the March 11, 2023, governorship election in Zamfara State.
Recall that the first PDP governorship primary election was held on May 25, 2022. However, the primary was challenged at Federal High Court in Gusau.
The court then ordered for fresh primary election, which was conducted on September 23, 2022 but was also quashed by the same court for irregularities.
Not satisfied, the Appellants, Lawal-Dare, Adamu Maina-Waziri, the chairman primary election committee; and retired Col. Bala Mande approached the Appeal Court for redress.
Respondents in suit were Dr. Ibrahim Shehu-Gusau, Alhaji Wadatau Madawaki, Hafiz Nahuche and the Independent National Electoral Commission (INEC).
In a unanimous judgment read by Justice Abubakar Talba on behalf of others, the court held that the Appellants succeeded to prove all the seven grounds of appeal canvassed by their counsel and that the court resolved all in their favour.
He dismissed all the preliminary objections on competency of the appeal suit on the basis of judicial provisions and interest of fair hearing, saying that technical defaults could not supersede judicial provisions.
Justice Talba held that the lower court judge was wrong to discountenance documents submitted by INEC and that the trial court did not stipulate the period of conducting re-run election and notices of participation.
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