The Kaduna State All Progressives Congress (APC) Campaign Council has praised the decision of the Court of Appeal for striking out the suit of Alhaji Sani Mahmood Sha’aban, challenging the victory of Senator Uba Sani at the primaries.
A statement issued by the Director of Strategic Communication, Malam Ibraheem Musa, described the judgement as a sound verdict which is grounded in law and fact, adding that it will deepen the electoral process.
“The APC family is genuinely happy with the Court of Appeal judgement and with this victory, the party is now more focused for the task of winning the 2023 elections at all levels.
“The verdict has indeed demonstrated that the judiciary is blind to sentiments and other extraneous considerations. Rather, it is guided by the constitution, electoral act and rules of the court,” the party said.
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The Director of Strategic Communication recalled that the Court of Appeal’s verdict on suit CA/k/262/2022 was based on the preliminary objection of the APC legal team, which argued that the appeal is incompetent because of the failure of Sha’aban to transmit the complete record of appeal within 10 days after filing the appeal as provided by the law.
The Court of Appeal had earlier on 9/12/2022 refused to grant the application by Hon. Sha’aban for extension of time within which to transmit the record of appeal, holding that the position of the law is that in election related litigation, no room for extension of time for litigant who failed to abide by the provision of the law.
The APC counsel also argued that having left the party, Sani Sha’aban lacks the locus standi to continue with the suit.
It will be recalled that Justice Mohammed Garba Umar of the Federal High Court ruled on November 4, saying that the court lacked the jurisdiction to deliver judgement in the said matter.
The statement commended the legal teams headed by Sunusi Musa (SAN) for Senator Uba Sani and Suleiman Shuaibu, counsel for the APC, for their steadfastness in defending the mandate of Senator Uba Sani in the courts.
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