The Court Of Appeal, Yola division has reinstated Senator Emmanuel Bwacha as the governorship candidate of the All Progressives Congress (APC) in Taraba State.
In a unanimous decision read by Justice M.O. Bolaji, the court set aside the
Federal High Court sitting in Jalingo, Taraba State capital, which nullified the election of Emmanuel Bwacha as the party’s candidate in the state.
The court also ordered that a fresh primary election be conducted by the party to get a new governorship candidate.
The court ruling on Bwacha’s candidature is sequel to a petition filed before the court by one of the aspirants, David Sabo Kente.
David Kente had approached the court with evidence that there were no primaries in Taraba.
Following the evidence tendered before the court by Justice Simon Amobeda nullified Bwacha’s election and ordered a fresh primary within 14 days.
The judge also ordered the electoral commission, the Independent National Electoral Commission (INEC) to stop forthwith the recognition of Bwacha as the candidate of the party.
Reacting to the judgment, counsel to APC, Boniface Iorkumbur said “justice has been served to APC and its governorship candidate, Bwacha.
“I Salute the courage of my Lords, the appeal having succeeded the matter is put to rest our client and its candidate can now proceed with the campaign,” Iorkumbur said.
The Court also ruled that the candidate of People’s Democratic Party (PDP) for House of Assembly in Yola South Adamu Baba Mustphar was duly elected at the primaries conducted by the party.
In the judgment read by Justice James Abudaga, the three unanimously set aside the judgment of the lower court and ordered that the appellant’s name be forwarded to INCE as the candidate of PDP.
While speaking to Journalists, counsel to the appellant Barrister Idi Ali applauded the Justices for giving hope that the court is the only place where Justice can be served.
Earlier, the Court of Appeal Yola division reinstated Senator Aishatu Dahairu Ahmed Binani as the governorship candidate of the APC in Adamawa State.
The unanimous decision of the 3-man panel read by the lead justice, Tani Yusuf Hassan, set aside the judgment of the Federal High Court Yola presided over by Justice Abdulaziz Anka, which sacked Binani.
The Appellate court ordered the APC party to resubmit Binani’s name to the Independent National Electoral Commission (INEC) as the governorship candidate.
A Federal High Court sitting in Yola, Adamawa state had on October 14, 2022 nullified the governorship primary election of the All Progressives Congress (APC) won Senator Aihatu Dahiru Binani as the governorship candidate of the party.
The Federal High court also declared the APC primaries as null and void and added that party cannot field any candidate in the 2023 election.”
Justice Hassan noted that the suit which was filed by way of originating summons came up to the Court of Appeal with eight issues for determination, along with two questions. She, therefore, explained that five out of the eight issues were dismissed while the remaining three were resolved in favour of the appellant (Binani).