- The election of Abdulrauf Modibbo as member-elect for Yola north/Yola south/Girei federal constituency of Adamawa state has been confirmed
- Federal High Court in Abuja earlier dismissed Moddibbo's victory in the February 23 National Assembly election over false information to the INEC
- Moddibbo was accused of falsifying his age and not being eligible to contest the APC primaries
A judgement of the Federal High Court that dismissed Abdulrauf Modibbo, as elected member of House of Representatives for Adamawa state, due to false information to the INEC has been overturned by Court of Appeal, Yola division.
Moddibbo's co-contestant, Mustapha Usman, in the February 23 National Assembly election for Yola South, Yola North, and Girei federal constituency of the state, accused him of falsifying his age and not being eligible to contest the APC primaries.
In a unanimous decision, Justices Chidi Nwaoma, J.S Ariyibi and Abdullahi Bayero upheld the ruling of the lower court that the suit by a co-contestant challenging the victory of Modibbo at the APC primaries was filed outside the 14 days allowed by law, Premium Times reports.
Samuel Atom, the counsel to Modibbo, said the case emanated from APC primaries held in October last year where some people were dissatisfied with the outcome and went to court.
Atom said: “We challenged the competency of the suits on the ground that it goes contrary to the provision of Section 285 of the Constitution. Today, the court of appeal has spoken loud and clear. It upheld the position of the lower court and also dismissed the case.”
He also said some far-reaching decisions made by the lower court, which the candidate of the Peoples Democratic Party defeated in the main election was hoping to benefit from, was also set aside by the Court of Appeal.
Atom said: “The Court of Appeal has ruled that the lower court was wrong and set aside those pronouncements. So, for us today, we thank the Almighty God for the judgement just delivered.”
The counsel to APC in the suits, Sule Shuaibu, said they were happy while speaking on the judgement.
Shuaibu said: “The objection we raised was held, that the suit was filed outside the 14 days period. The Justices of the Court of Appeal this morning upheld our appeal in respect of four different suits while also dismissing the cross-appeal in respect of the order of dismissal in respect of the status of limitation.”
Recall that Legit.ng reported that the Federal High Court in Abuja on Friday, May 3, dismissed elected member of House of Reps, Moddibbo, over false information to the INEC.
Justice Inyang Ekwo ordered the APC and INEC to recognise Mustapha Usman, who came second in the party primary of October 7, 2018, as the winner of the February 23 National Assembly election for Yola South, Yola North, and Girei Federal Constituency of the state.
The court held that Usman has established the offence of forgery of Modibbo’s First School Leaving Certificate and his participating in partisan politics while serving as a member of the National Youth Service Corps (NYSC) which violates Paragraph 9 of Section 4 of the NYSC Act.
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