An appeal court sitting in Abuja, on February 21, set aside a judgment of the Federal High Court which affirmed the decision of the Independent National Electoral Commission (INEC) to bar the All Progressives Congress (APC) from fielding candidates in Zamfara ahead of the general elections.
Legit.ng learnt that a 3- man panel of the Court of Appeal, led by Justice Abdul Aboki, ruled that the trial court lacked the jurisdiction to entertain the suit.
TVC reports that the appellate court described the ruling of the trial court as an abuse of court process.
The appeal court said the suit was filed out of time since the electoral act provides for 14 days as the time to institute a suit of such kind.
The court held that the suit was filed 15 days after and as a result rendered incompetent.
Justice Ijeoma Ojukwu of the Federal High Court, Abuja, had ruled on January 25, that INEC was right to have delisted the names of the APC candidates.
Legit.ng earlier reported how the Zamfara chapter of the APC, following the Sokoto Court of Appeal ruling on Wednesday, February 13, upholding the primary election in the state, said it had submitted names of its candidates to INEC.
The party said the move was expedient in order to beat the time in respect to the electoral umpire's general elections schedule.
It was also reported how the Attorney General of the Federation (AGF) recently sent a letter to INEC saying his action is based on a subsisting decision of the appeal court.
Abubakar Malami, the Attorney General of the Federation (AGF), reportedly defended his demand for INEC to postpone the general elections in Zamfara apart from that of the president.
Malami made the explanation following criticisms that trailed his earlier position asking that the exercise in the state be shifted.
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INEC, however, claimed it was studying the letter from Abubakar Malami in which the minister called for a postponement of the elections in Zamfara state.
The INEC national commissioner and chairman of its information and voter education committee, Festus Okoye, confirmed that the commission had received the letter and attached documents sent by Malami and would soon make its position known.
"The commission has received the letter from the Attorney-General of the Federation. The commission is studying the letter and the accompanying attachments.
"The commission will make its position known as soon as possible," he said.
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