The Court of Appeal, Yola Division, has upheld the election of Abdulrauf Modibbo of the All Progressives Congress (APC) as member-elect for Yola North/Yola South/Girei Federal Constituency of Adamawa State.
In a unanimous decision Justices Chidi Nwaoma, J.S Ariyibi, and Abdullahi Bayero upheld the ruling of the lower court that the suit by a co-contestant challenging the victory of Mr Abdulrauf at the APC primaries was filed outside the 14 days allowed by law.
Speaking on the judgement, counsel to Mr Abdulrauf, Samuel Atom, said the case emanated from APC primaries held in October last year where some people were dissatisfied with the outcome and went to court.
“We challenged the competency of the suits on the ground that it goes contrary to the provision of Section 285 of the Constitution.
“Today, the Court of Appeal has spoken loud and clear. It upheld the position of the lower court and also dismissed the case,” Mr Atom said.
He also said some far-reaching decisions made by the lower court, which the candidate of the Peoples Democratic Party defeated in the main election was hoping to benefit from, was also set aside by the Court of Appeal.
“The Court of Appeal has ruled that the lower court was wrong and set aside those pronouncements. So, for us today, we thank the Almighty God for the judgement just delivered,” Mr Atom said.
Also speaking, counsel to APC in the suits, Sule Shuaibu, said they were happy with the judgement.
“The objection we raised was held, that the suit was filed outside the 14 days period…
“The Justices of the Court of Appeal this morning upheld our appeal in respect of four different suits while also dismissing the cross-appeal in respect of the order of dismissal in respect of the status of limitation,” Mr Shuaibu said.
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