By Sadiq Abubakar, Abuja
A Court of Appeal sitting in Abuja on Friday upturned the judgment of the FCT High Court that denied, Alhaji Suleiman Alhassan Gwagwa victory as the chairmanship candidate of the APC in Abuja Municipal Area Council (AMAC) All Progressives Congress (APC) for February 12, 2022 council election.
Our correspondent gathered that an FCT High Court presided by Justice Babangida Hassan, had on September 27, ruled that Gwagwa won the AMAC APC chairmanship primary election, but has he failed to approach the court within 14 days, as required by the law.
Justice Hassan held that Gwagwa, who had filed his suit 16 days upon when the 3rd respondent, the Independent National Electoral Commission (INEC), received a letter dated 25th May 2021 on 28th May 2021, which substituted his name with the 1st respondent, Murtala Karshi, failed to meet the 14 days required by law, within which to seek for redress.
But while delivering judgment by the Appeal Court, presiding judge, Justice Danlami Zama Sanchi, described the lower court’s ruling as “miscarriage of justice and wrong,” saying the appellant, who won the primary election in April, had no reason to seek redress until someone’s name has been submitted.
Justice Sanchi said the cause of action occurred when the 3rd respondent received the letter of the 2nd respondent dated 25th May 2021 on 28th May 2021, saying that the cause of action was 28th May, not 25th May 2021, as held by the trial judge.
“The prayers of the appellant at the lower court is hereby sustained and the cross-appeal by the respondents dismissed,” he ruled.
Reacting to the judgment, the APC candidate, Alhaji Suleiman Alhassan Gwagwa, said the court has done justice for restoring hope in the justice system, while he expressed confidence that APC will emerge victorious in February, 12,2022 elections in AMAC.
