Kano: Court returns Masari as CPC gov candidate
CPC (Congress 4 Progressive Change), Kano, Party Politics, State News Wednesday, April 20th, 2011
The Court of Appeal, Abuja Division, has upheld the appeal filed by former House of Representatives Speaker, Aminu Masari, by returning him as the Katsina State CPC governorship candidate.
Delivering judgment on Wednesday, Justice Jimi Bada said the appellants were able to convince the court that the party primary, which Masari emerged as the winner, was the only authentic one.
“The decision of the trial court to return Sen. Yakubu Lado as the governorship candidate of the party to contest the forthcoming election was a violation of the both the electoral guidelines, the party constitution and the 1999 Constitution.
“Having gone through the nitty-gritty of the evidence before us, this court is best placed to right the wrong.Therefore, the judgment of the lower court on the matter is set aside.
“Masari, having scored the highest votes from the party’s primary, is hereby returned as the authentic governorship candidate of the party in Katsina State,” Bada said.
CPC Chairman, Prince Tony Momoh, and Masari had on April 5 prayed the court to restrain Lado from contesting as the party’s governorship candidate for the state in the April 26 elections.
The appellants had asked the court to dismiss the February 25 declaration of Justice Abdul Kafarati of an Abuja Federal High Court, which brought in Lado as the authentic governorship candidate of the party.
Kafarati had in the judgment said that Masari was unable to show that he was validly elected in the party’s governorship primary organised by the chairman of the party in the state.
Speaking with newsmen after the proceedings, Masari said the decision of the court was a victory for democracy.
He identified the judiciary as the only institution that would entrench the country’s democratic process, saying: “I am happy that the court gave my mandate back to me.”
Lado, while also speaking with the journalists, said the decision of the Court of Appeal would be further challenged in the Supreme Court.
Meanwhile, the same Court has nullified the earlier judgment by Justice Gabriel Kolawole of a Federal High Court in Abuja which declared Mohammed Abacha as the CPC’s governorship candidate in Kano state.
The appellate court in declaring Brig-Gen. (retd) Jafaru Isa as the governorship candidate of the party in Kano State, upheld the appeals filed by Isa against the FHC decision, which had favoured Abacha.
Abacha has however said he will appeal against the judgment.
His lawyer, Mr. Reuben Atabor, told Journalists that the panel erred when it held that the primary that produced his client was inconclusive.
According to him, Abacha was declared winner after securing victory in the primary witnessed by the Independent National Electoral Commission adding, “We are already working on the papers and we will file it early enough.”
-Punchwp_posts
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