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Published On: Wed, Apr 22nd, 2020

Kogi: Appeal Court returns Wada as PDP guber candidate

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By Vivian Okejeme, Abuja

An Abuja Division of the Court of Appeal, yesterday, ruled in favour of the appeal filed by the governorship candidate of the Peoples Democratic Party (PDP) in November 16, 2019 gubernatorial election held in Kogi State, Engineer Musa Wada.
The three-man panel of Justices led by Justice Ibrahim Muhammad Saulawa, also set aside every order made by the trial court to the effect that there was no primary election by PDP in the state and that the appellant was not a candidate in the election.
The appellate court, had in the suit marked CA/A/193/2020 between Musa Wada and Abubakar Mohammed Ibrahim Idris, held that “it is crooked colt of discretion for a court to raise an issue suo motu (raising issues that were not raised by any of the parties in the litigation) and determine same without hearing parties.
“Every order made by the trial court that there was no primary election and that the appellant was not a candidate in the election is hereby set aside”, the court held.
On September 27, 2019, Abubakar Idris, also of the PDP had approached Kogi State High Court to challenge the outcome of the primary election conducted on September 3 and 4, 2019 in the state in which Engineer Musa Wada won.
Abubakar, before the court, insisted that he won the primary election instead.
The trial court presiding Judge, Justice R O Olorunfemi, dismissed the claim and held that he did not substantiate his claim.
Wada claimed that the trial judge, also, proceeded to hold that PDP did not have candidate in the last election in Kogi State.
However, not satisfied by the decision of the court, the Appellant approached the Appeal court, through his lawyer, Mr. Jibrin S. Okutepa (SAN) for redress.
In his appeal challenging the judgment, Wada premised on the ground amongst others, that the trial judge did not have jurisprudence to grant reliefs not sought before him.
Consequently, the appellate court, in its ruling, granted the appeal seeking to prove that PDP presented Engr Wada as its candidate in the last election in the Kogi state.

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