The Court of Appeal sitting in Sokoto has upturned the judgement of a Zamfara High Court on the All Progressives Congress (APC) primaries that produced the party’s candidates for governorship, National and State Assembly elections.
Chairman of the Senate Committee on Petroleum (Downstream), Kabiru Marafa, and 129 others had filed the appeal through his counsel, Mike Ozekhome.
The three man panel led by Justice Tom Yakubu held that the lower court failed in its duty to properly evaluate the evidence before it.
“I am convinced that the lower Court has failed to evaluate the evidence before reaching the decision.
“The Appeal Court has power in law to access pieces of evidence on appeal, which we have done.
“Based on available facts the respondents did not contradict the INEC evidence on conducting the said primary election,” Yakubu said.
He also said the plaintiffs being card-carrying party members and aspirants in the said primary election have legal capacity to institute the suit.
Yakubu added that federal, states and FCT high courts have jurisdiction to entertain such matter.
The judges agreed that “domestic affairs of political party activities must act within the confines of the law in dealing with party members and elections.”
