By Chris Ochayi & Fortune Eromosele
The Court of Appeal sitting in Abuja has cleared the way for Hon. Suleiman Alhassan Gwagwa to contest the February 12, 2022 chairmanship of Abuja Municipal Area Council, AMAC, election under the platform of All Progressives Congress, APC.
The judgment unanimously delivered by three judges of the Appeal Court dismissed the judgement of the Abuja High Court that denied Hon. Suleiman Alhassan Gwagwa his victory as the AMAC APC Chairmanship candidate on the ground that he failed to approach the Court within 14 days required by law.
Justice Danlami Zama Sanchi, who delivered the judgment on behalf of two other justices held that the ruling of the lower Court was miscarriage of justice.
It will be recalled that the High Court on 27th September, 2021 held that it was 16 days upon when the 3nd respondent (INEC) received a letter dated 25th May, 2021 on 28th May, 2021 which substituted the appellant (Suleiman Alhassan Gwagwa) name with the 1st respondent (Murtala Karshi) that he filed his suit in court.
Describing the lower Court ruling as miscarriage of justice and wrong, the appellate court held that the appellant who won the primary election had no reason to seek redress until someone name has been submitted.
That the cause of action occurred when the 3rd respondent received the letter of the 2nd respondent dated 25th May, 2021 on 28th May, 2021, that is, the cause of action was 28th May not 25th May, 2021 as held by the trial judge.
The prayers of the appellant at the lower Court were sustained and the cross appeal by the respondents dismissed.