The Court of Appeal Sokoto division on Friday upheld the primary election which produced Dr Dauda Lawal-Dare as the candidate of the PDP for the March 11, governorship election in Zamfara.
The first PDP Governorship Primary election was held on May 25, 2022.
The primary was challenged at Federal High Court in Gusau.
The court ordered a fresh primary election which the re-run was conducted on Sept. 23, 2022 and 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 the suit were Dr Ibrahim Shehu-Gusau, Wadatau Madawaki, Hafiz Nahuche and Independent National Electoral Commission, INEC.
In a unanimous judgment read by Justice Abubakar Talba on behalf of others, Justice Talba said the Appellants have succeeded to prove all the seven grounds of appeals canvassed by the Counsels and all resolved in favour of the Appellants.
He dismissed all the preliminary objections on the competency of the appeal suit on the bases of judicial provisions and interest of fear hearing arguing that technical defaults could not supersede judicial provisions.
Justice Talba held the lower court judge was wrong to discountenance documents submitted from INEC, trail court did not stipulate a period of conducting a re-run election and notices of participation.
He added that they perused all the arguments presented by different Counsels, citations of court judgements and other judicial considerations and arrived at the decision, thereby setting aside the lower court judgment and answering the prayer sought in the affirmative.
He said the trial judge, Justice Aminu Bappah-Aliyu of Federal High Court Gusau, failed on his legal responsibilities in some judicial considerations, giving parties fear of hearing and others.
Justice Talba awarded N200,000 as the cost to Appellants against the Respondents.
Meanwhile, in another judgment in a separate suit delivered by Justice Talba, he upheld prayers of Lawal-Dare, Maina-Waziri and Mande against the same Respondents.
He agreed that respondents did not prove that the PDP primary election Appeal panel went into hiding as pieces of evidence were not adduced.
NAN
