The Peoples Democratic Party (PDP) and its governorship candidate, Jibrin Barde, had prayed the court to disqualify Yahaya on the grounds that the certificate he submitted to the Independent National Electoral Commission (INEC) to support his bid for re-election was forged.
An Abuja Division of the Court of Appeal has upheld the judgement of the Federal Abuja, dismissing the suit challenging the nomination of Governor Muhammad Yahaya as the governorship candidate of the All Progressives Congress in Gombe State for the March 11 elections.
The Peoples Democratic Party (PDP) and its governorship candidate, Jibrin Barde, had prayed the court to disqualify Yahaya on the grounds that the certificate he submitted to the Independent National Electoral Commission (INEC) to support his bid for re-election was forged.
But delivering judgement in the suit, the presiding judge, Justice Binta Nyako, in the suit No. FHC/ABJ/CS/1301/2022, held that the suit was incompetent and consequently dismissed it.
Nyako in her ruling described the plaintiffs as meddlesome interlopers who lacked the locus standi to institute the suit.
Nyako held that the plaintiffs neither participated in the primaries nor were they members of the APC, and held that the court lacked the jurisdiction to entertain the suit.
Not satisfied with the judgement, the PDP and its candidate appealed the judgement in Appeal No: CA/ABJ/C/109/2023.
Ruling on the appeal, Hon. Justice E. M Ugo JCA in the lead judgement, the court upheld the preliminary objection of the respondents that the lower court was right in its findings.
The court ruled that the trial court was right not to consider the merit of the case when it already found out that the appellant had no locus standi nor cause of action to institute the matter ab initio.
The appellate court further ruled that the appellant cannot blow hot and cold and thus and consequently struck out the appeal for lack in merit.
The two other judges who sat with him, Hon. Justice G. O. K. Oyewole JCA and Mohammed JCA concurred in their separate judgements.
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