Court of Appeal voids Sani Musa’s election | Nairalaw

The Court of Appeal in Abuja has nullified the election of
Mohammed Sani Musa and declared Senator David Umaru as
senator-elect for Niger East Senatorial District.

In a judgment read by Justice Stephen Adah, the appellate court
set aside the judgment of a Federal High Court in Abuja on the
grounds that the court lacked the jurisdiction to entertain the
matter having become statute barred by law.

Justice Adah held that Sen. Umaru was duly elected candidate of
the All Progressives Congress (APC) and directed the Independent
National Electoral Commission (INEC) to issue him with a
certificate of return.

Justice Folashade Ogunbanjo had on February 7 dismissed the
preliminary objection by Umaru’s counsel, Chris Osuagwu, that the
suit by Sani Musa was outside 14 days stipulated by the law on
pre-election matters.

He had submitted that the primary election was conducted on
October 2, 2018 while the petition was filed at the court on
October 26, 2018, which was outside the 14 days stipulated by the
law.

Umaru said the primary of October 2, 2018 was cancelled by the
APC for irregularities while the party conducted a fresh primary on
October 5, 2018, which he won.

Senator Umaru has expressed appreciation to God and his
supporters who stood by him “when all this travesty took place.” He
said the judgment has vindicated him.

Meanwhile, a counsel the chambers of Wole Olanipekun (SAN),
counsel to Sani Musa, has expressed the intention of the legal team
to appeal to the Supreme Court following the decision of the Court
of Appeal.