The Court of Appeal sitting in Sokoto, yesterday, dashed the hope of the All Progressives Congress (APC) to field candidates in Zamfara State, for the national assembly, governorship and state assembly elections on February 16 and March 2.
The court presided over by Justice Jumai Hannatu Sankey and other members of the panel, Justices Ndukwe Anyanwu and Vincent Abiru, upheld the argument of Chief Mike Ozekhome (SAN) and Isiaka Dikko (SAN), that the notice of discontinuance earlier filed on February 11, by Sani Jaji, under Order 11 Rules 1 and 5 of the Court of Appeal Rules, had completely extinguished the appeal upon which Muktar Shehu Idris’ Counsel, Mr Mahmud Magaji (SAN), had predicated his motion.
The motion filed on February 8, prayed the Court of Appeal to grant him interlocutory orders allowing Muktar to contest the governorship, and Governor Abdulaziz Yari to contest as a senatorial candidate before the main appeal is heard.
The Court of Appeal in dismissing Jaji’s withdrawn appeal also made consequential orders dismissing the motion of governor Yari and Alhaji Muktar Shehu Idris, among other applicants, who had asked to be allowed to contest the elections pending the hearing of the main appeal.
The court agreed fully with Ozekhome, who had cited several Supreme Court decisions and argued that once the appeal was discontinued, Yari and Muktar, who had not cross appealed or asked for variation under Order 9 of the Court of Appeal Rules, cannot compel Jaji to go on with his appeal, or predicate their prayers to be allowed to contest on a non existent appeal which has died.
The judgement validated INEC’s position that APC has no candidates in the February 16 national assembly and March 2 governorship and state assembly elections.
