The Court of Appeal in Abuja has nullified the election of Mohammed Sani Musa as Senator-elect for Niger East Senatorial District.
Consequently, the court declared incumbent Senator David Umaru as the duly elected candidate of the All Progressives Congress (APC).
In a judgment read by Justice Stephen Adah, yesterday, the appellate court set aside the judgment of a Federal High Court in Abuja on the grounds that the court lacked the jurisdiction to entertain the matter having become statute barred by law.
Justice Adah directed the Independent National Electoral Commission (INEC) to issue Umaru with a certificate of return.
Justice Folashade Ogunbanjo had on February 7 dismissed the preliminary objection by Umaru’s counsel, Chris Osuagwu, that the suit by Sani Musa was outside 14 days stipulated by the law on pre-election matters.
He had submitted that the primary election was conducted on October 2, 2018, while the petition was filed at the court on October 26, 2018, which was outside the 14 days stipulated by the law.
Umaru said the primary of October 2, 2018, was cancelled by the APC for irregularities while the party conducted a fresh primary on October 5, 2018, which he won.
Senator Umaru has expressed appreciation to God and his supporters who stood by him during the legal battle. He said the judgment has vindicated him.
Meanwhile, a counsel the chambers of Wole Olanipekun (SAN), counsel to Sani Musa, has expressed the intention of the legal team to appeal to the Supreme Court following the decision of the Court of Appeal.