The New Nigeria Peoples Party (NNPP) in Kano State is seeking the Court of Appeal setting in the state to set aside the outcome of the Doguwa/Tudun-Wada federal constituency supplementary election, which declared House of Representatives Majority Leader Alhassan Ado Doguwa, winner of the poll.
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The NNPP candidate in the Federal Constituency , Air Commodore Salisu Yusahu (rtd) is challenging the return of the majority leader of the House of Representatives and candidate of the All Progressives Congress (APC) Hon. Alhassan Ado Doguwa 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 who dragged Doguwa, APC, and the Independent National Electoral Commission (INEC) insisted the failure of INEC to halt the supplementary poll contravene section 24 (4),(6) of the Electoral Act. 2022.
The appellant, in the application, argued that INEC ought to halt the process of the supplementary since the process was being challenged before the tribunal, until the final determination of the motion.
In counter-affidavits, counsels to INEC (1st), Doguwa (2nd), and APC (3rd) respondents urged the court to dismiss the appellant’s application for lack of competence.
The three respondents were unanimous in their point of reference when they cited sections 84 (15) and 65 of the Electoral Act. 2022 to further buttress their counterarguments against the appellant.
Counsel to Doguwa, Nureini Jimoh SAN argued that the appellant has no locus to challenge and even call for setting aside a process that was held and completed.
The senior lawyer held that NNPP’s application was incompetent to stand the test of time since the party and its candidate took full part in the supplement poll.
Similarly, counsels to INEC Idris Yakubu and that of APC Abdul Adamu Fagge were of the affirmation of the Doguwa’s position which sought the court to stick out the application of the NNPP candidate.
Recalled that the National and state assembly elections petitions tribunal sitting in Kano, presided by Justice L.B Lawal-Akapo had stuck out a motion filed by NNPP to stop the supplementary poll. Justice Akapo told the petitioner that the tribunal lack the jurisdiction to halt INEC from conducting the 15th April supplementary poll.
Dissatisfied with the position of the tribunal, NNPP approached the court of appeal asking the higher court to set aside the decision of the tribunal.
The appellant also urged the higher court to set aside the out-of-the-rerun election because it was conducted during the pendency of the application seeking to restrain the INEC process at the court.
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