While giving reason for his decision to reverse the Federal High Court's ruling, the appellate court held that the suit filed at the lower court was statue-barred and against Section 285(9) of the 4th alteration Act of the 1999 Constitution.
The Court of Appeal in Abuja has reversed the judgement of a Federal High Court in Abuja that sacked Senator David Umaru as the All Progressives Congress(APC) candidate for the Niger East senatorial seat.
In a verdict delivered on February 7, 2019, the Federal High Court had declared Muhammed Sani Musa the validly-nominated candidate for the seat, a decision that was appealed by Umaru, who is the current Chairman, Senate Committee on Judiciary, Human rights and Legal Matters.
A fresh judgement given on Tuesday by a three-man panel of the Court of Appeal unanimously upheld Umaru's appeal and dismissed the objection filed by Musa.
Delivering the lead Judgement, Justice Stephen Adah voided the Certificate of Return issued to Musa by the independent National Electoral Commission (INEC).
In its judgement on Tuesday, the appellate court agreed with the appellant that the trial court erred in law to have assumed jurisdiction over the suit brought by Musa and granted the reliefs sought.
While giving reason for his decision to reverse the Federal High Court's ruling, the appellate court held that the suit filed at the lower court was statue-barred and against Section 285(9) of the 4th alteration Act of the 1999 Constitution.
Justice Adah said: "The suit was caught up by the prescribed constitutional time limit of 14 days, having been predicated on the event that took place on the 2nd October 26, 2018.
"The originating summons was dated and filed on October 26, 2018, while the subject matter of the suit centred on the event of October 2, 2018."
However, in his objection, Musa challenged the appeal on the grounds that the appellant had no locus standi to have filed the appeal without the name of his political party: APC.
He argued further that the conduct of the election and emergence of a winner had rendered the appeal a mere academic exercise.