A Court of Appeal sitting in Sokoto state has set aside decision of Zamfara State High Court that allowed the APC to field candidate for the Zamfara State Governorship election saying the trial court failed to carry out proper evaluation of the evidence before it thereby taking a decision in error.
The appeal was filed by Sen. Kabiru Marafa, Chairman of the Senate Committee on Petroleum (Downstream) and 129 others through his Counsel, Mr Mike Ozheokome , SAN.
Respondents are Kabiru Liman-Danalhaji and 139 others represented by Mr Mahmud Magaji SAN as lead Counsel.
Delivering the lead judgment, which was adopted by two other Justices Tijjani Abubakar and Jamilu Tukur, Justice Tom Yakubu, held that the lower court failed in its duty to properly evaluate the evidence before it.
Yakubu said judges have the legal power to produce judgment and reach decisions with reason, noting that in the instance case it was not done.
“I am convinced that the lower Court has failed to evaluate the evidence before reaching the decision.
” The Appeal Court have power in law to access pieces of evidence on appeal, which we have done .
”Based on available facts the respondents did not contradict the INEC evidence on conducting the said primary election” Yakubu said.
The Presiding judge, said “documented evidence has upper consideration than oral ones”.
Justice Yakubu held that the plaintiffs being card carrying party members and aspirants in the said primary election have legal capacity to institute the suit.
Keep Naira clean
He added that Federal, States and FCT High Courts have jurisdiction to entertain such matter.
The judges agreed that the judgment should serve as “bitter lesson” for political parties as they ought to follow legitimate guidelines and rules.
“Domestic affairs of political party activities must act within the confines of the law in dealing with party members and elections” the judges agreed.
