The Court of Appeal, Sokoto Division has set aside the judgment of the Federal High Court that nullified the primary election of Dauda Lawal-Dare as the governorship candidate of the Peoples Democratic Party (PDP) in Zamfara State.
The primary election was challenged at the Federal High Court in Gusau, the Zamfara State capital, where a fresh primary election was ordered. The re-run was conducted on September 23rd, 2022 and again won by Lawal-Dare but the election also quashed by the same court for irregularities.
The Appellants, Dauda Lawal-Dare, Adamu Maina-Waziri, the chairman PDP primary election committee and retired Col. Bala Mande approached Appeal Court for redress.
Respondents in the suit were Dr Ibrahim Shehu-Gusau, Alhaji Wadatau Madawaki, Hafiz Nahuche, and the Independent National Electoral Commission (INEC).
In a unanimous judgment read by Justice Abubakar Talba on behalf of others, Justice Talba said the Appellants have succeeded in proving all the seven grounds of appeals canvassed by the Counsels and all resolved in favour of the Appellants.
He dismissed all the preliminary objections on competency of the appeal suit on the bases of judicial provisions and interest of fear hearing arguing that technical defaults could not supersede judicial provisions.
Justice Talba said trial judge was wrong to discountenance documents submitted from INEC and that trial court did not stipulate the period of conducting the re-run election and notices of participation.
He said the trial judge had failed on his legal responsibilities in judicial considerations, giving parties fear hearing and others.
Justice Talba awarded N200,000 as the cost to the Appellants against the Respondents.
Meanwhile, in another judgement on a separate suit, Justice Talba also upheld the prayers of Lawal-Dare, Maina-Waziri and Mande against the same Respondents.
He agreed that the Respondents could not prove that the PDP primary election appeal panel went into hiding as evidence was not adduced.