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.
