The Court of Appeal sitting in Kano has struck out an appeal by the New Nigeria Peoples Party seeking to stop the Independent National Electoral Commission (INEC) from conducting supplementary elections in Doguwa/Tudun Wada Federal Constituency.
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The appeal which was filed by the party’s House of Representatives candidate, Retired Air Commodore Salisu Yushau, also sought to compel the INEC to withdraw the certificate of return issued to the APC candidate and Majority Leader of the House of Representatives, Alhassan Ado Doguwa.
Justice Goerge Mbaba. while delivering the judgment of the court of appeal on Friday aligned itself with the judgment of the tribunal and struck out the case for lack of jurisdiction.
He consequently ordered Retired Air Commodore Salisu Yushau to pay the sum of N200,000 to the respondent for filing a frivolous petition.
It could be recalled that the National and State House of Assembly Petition Tribunal sitting in Kano had struck the petition of the candidate of the New Nigeria Peoples Party seeking to halt the conduct of the supplementary elections in the constituency.
The three member tribunal consisting Justices L. B Lawal Akpabo, Thelma Achon and Abdulraham Idris had struck out the case on the grounds that they lacked jurisdiction to entertain it.
They had stressed that the jurisdiction of the tribunal can only be activated if only and only an election had taken place and had been concluded in the constituency, which was not the case at the time of filing the petition.
Source-The Sun Nigeria
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