The Court of Appeal in Kano has nullified the nomination of the senatorial candidate of the opposition People Democratic Party (PDP) for Kano Central District, Abubakar Nuhu, and ordered his replacement.
The court recognised Laila Buhari as the PDP candidate elected for the legislative election for the district.
Ms Buhari was elected by the Shehu Sagagi faction of the PDP while Mr Nuhu was elected by another faction.
Mr Sagagi is backed by a former governor of the state, Rabiu Kwankwaso, who has since left the party and is now the presidential candidate of the New Nigeria Peoples Party (NNPP).
However, the appeal court on Wednesday upheld the primaries conducted by Mr Sagagi-led executives of the party, which produced Ms Buhari as the senatorial candidate.
On 26 September, a Federal High Court in Kano dismissed the case for lack of jurisdiction on the basis that the case was filed in Kano instead of Abuja, which is against the policy of the National Judicial Council, NJC, on pre-election matters.
But in a judgement delivered by Justice Ita Mbaba on Wednesday, the appellate court set aside the decision of the trial court, saying it erred in dismissing the case on that premise.
In hearing the substantive case on its merit as it was filed by way of originating summons, the court held that in a pre-election matter, the Federal High Court Rules and the Constitution of the Federal Republic of Nigeria (1999) as amended shall prevail over the NJC policy, which the lower court relied upon.
The court, therefore, ordered INEC to remove Mr Damburam’s name and replace it with Mrs Buhari’s name without further delay.
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