By Deborah Onyofufeke
In a unanimous Judgement of a 5-man panel, The justices of the Supreme Court on Monday in Abuja affirmed the nomination of Dr Dauda Lawal-Dare, as the validly nominated governorship candidate of the People’s Democratic Party, PDP, in Zamfara State for the March 11 governorship election.
In the lead judgment delivered by Justice Adamu Jauro, the Supreme Court dismissed the appeal brought against the nomination of Lawal by another governorship aspirant, Dr Ibrahim Sheu Gusau.
Justice Jauro held that a Federal High Court in Gusau which nullified the primary elections twice had no jurisdiction at the time it adjudicated upon the suit instituted by Dr Gusau.
The Supreme Court upheld the judgment of the Court of Appeal which had on January 6, this year endorsed the second primary election that produced the candidate.
In it’s judgement on this note, the apex court upheld submissions of Mr Damian Dodo SAN, counsel to the Governorship candidate that his client was legally and lawfully nominated in line with the provisions of the law.
Dauda Lawal-Dare had in the primary election polled 442 votes to emerge victorious over Dr Ibrahim Sheu Gusau and Other aspirants.
The Court of Appeal Sokoto Division had on June 6 upheld the primary election which produced Dr. Dauda Lawal-Dare as the candidate of the Peoples Democratic Party (PDP) for the March 11, 2023, governorship election in Zamfara State.
The first PDP governorship primary election held on May 25, 2022 was challenged at a Federal High Court in Gusau and was nullified .
The High Court in its judgment ordered for fresh primary election which was conducted on September 23, 2022 but was also quashed by the same court for irregularities.
Not satisfied with the High Court decision, Dauda Lawal-Dare, Adamu Maina-Waziri, the Chairman Primary Election Committee; and retired Col. Bala Mande approached the Appeal Court for redress.
Respondents in appeal were Dr. Ibrahim Shehu-Gusau, Alhaji Wadatau Madawaki, Hafiz Nahuche and the Independent National Electoral Commission (INEC).
In a unanimous judgment read by Justice Abubakar Talba on behalf of others, the Court of Appeal held that the Appellants succeeded to prove all the seven grounds of appeal canvassed by their counsel and that the court resolved all in their favour.
Justice Talba dismissed all the preliminary objections on competency of the appeal on the basis of judicial provisions and interest of fair hearing, saying that technical defaults could not supersede judicial provisions.
Justice Talba held that the high court Judge was wrong to discountenance documents submitted by INEC and that the trial court did not stipulate the period of conducting re-run election and notices of participation.
