Kazeem Owoseni
The court of Appeal sitting in Abuja, The Federal Capital Territory, has struck out the appeal made by the Governorship Aspirant of the Action Democratic Party, Sani Sha’aban against the victory of Senator Uba Sani of the All Progressives Congress, at the party’s governorship primaries in Kaduna State.
Sha’aban, who contested with Uba Sani at the primary election of APC before cross-carpeting to ADP, after loosing the primary election to Uba, challenged Uba at the high court in Kaduna but lost, before appealing the judgement of the Federal high court sitting in Kaduna, on November 4, 2022, which had earlier struck out the suit for lack of jurisdiction.
However, dissatisfied Sha’aban had approached the court of appeal for a better judgement.
Meanwhile, the court of appeal had refused earlier on December 9, 2022, to grant the application by Hon. Sha’aban, for an extension of time, within which to transmit record of appeal, held that the position of the law in election litigation related, no room is given for an extension of time, for litigant who failed to abide by the provision of the law.
However, the appeal court, while striking out the appeal, stated that the appeal, having been argued on an incompetent record of appeal, was incompetent.
The counsel to APC, Barr. Sule Shuabu who confirmed the judgement in favour of Uba Sani, by all the three judges of the court, noted that it is a good judgement for the betterment of democracy.
While reacting to the judg
ement, The Kaduna Chapter of the All Progressives Congress, expressed satisfaction on outcome of the case.
In it reaction, Kaduna APC said, “the verdict has indeed demonstrated that the judiciary is blind to sentiments and other extraneous consideration. Rather, it is guided by the constitution, electoral Act and rules of the court.”