The New Nigeria Peoples Party (NNPP) in Kano State has urged the Court of Appeal, Kano Division, to set aside the outcome of Doguwa/Tudun-Wada Federal Constituency supplementary election.

NNPP House of Representatives candidate in the constituency, Air Cdore Salisu Yusahu (rtd), is challenging the return of Majority Leader of the House, Alhassan Ado Doguwa of the All Progressives Congress (APC), as member-elect of the constituency.

In an application filed through his lawyer, Adegboyega Awomolo (SAN), before the three-man panel led by Justice Ita George Mbaba, the appellant insisted that the failure of INEC to halt the supplementary poll contravened Section 24 (4),(6) of the Electoral Act 2022.

The appellant, in the application, argued that INEC ought to have halted the supplementary election, since the process of general polls was being challenged before the tribunal, until the final determination of the motion.

In a counter-affidavit, counsel to INEC, Doguwa and APC, first, second and third respondents respectively, urged the court to dismiss the application for lack of competence.

The three respondents were unanimous in their point of reference when they cited Section 84 (15) and 65 of the Electoral Act 2022 to further buttress their arguments against the appellant.

Counsel to Doguwa, Nureini Jimoh (SAN), argued that the appellant had no locus to challenge and even call for the setting aside of a process that was held and concluded.

The senior lawyer held that NNPP’s application was incompetent to stand the test of time since the party and its candidate took part in the supplement poll.

Similarly, counsel to INEC, Idris Yakubu, and that of APC, Abdul Fagge, were of the affirmation of Doguwa’s position, which sought the court to strike out the application of the NNPP candidate.

The National Assembly and House of Assembly polls petitions tribunal sitting in Kano, presided over by Justice L.B. Lawal-Akapo, had struck out the motion filed by NNPP to stop the supplementary poll.

Justice Akapo told the petitioner that the tribunal lacked the jurisdiction to stop INEC from conducting April 15, 2023 supplementary poll.

Dissatisfied with the position of the tribunal, NNPP approached the Court of Appeal, asking it to set aside the decision of the tribunal.

The appellant also urged the higher court to set aside the outcome of the rerun election because it was conducted during the pendency of the application seeking to restrain INEC process at the court.

The panel, including Justice Patricia Mahmoud and Justice Usman, reserved judgment on the matter to later date.