John Shiklam in Kaduna
The Court of Appeal sitting in Kaduna has reaffirmed the victory of Honourable Shamsudeen Bello Dambazau, of the All Progressives Congress (APC) House of Representatives member representing Takai/Sumaila federal constituency of Kano state in the ninth Assembly.
Justice James Apundaga of the Kaduna division of the Appeal Court in the lead judgement set aside the decision of the National and States House of Assembly election.
He held that the decision of the lower court in the case between kawu Sumaila vs Suraj Kanawa & others was null and void, while declaring that the tribunal was incompetent when it assumed jurisdiction to entertain the petition as filed by the PDP and its candidate Suraja Kanawa.
The court said since Shamsudeen was not a party in the suit at the tribunal, no order could affect him. Failure to join him, he held, rendered the judgment of the tribunal a nullity.
The court also struck out the petition on the grounds that the tribunal’s decision was null and void given that it had no jurisdiction to entertain the petition.
The Senior Legislative Aide to Shamsudeen Dambazau, Mr. Sadiq Samaila explained after the judgement that his principal has consistently been victorious on separate occasions against his opponents, and again been challenged by his opponent who had filed a claim of incompetence at the National and State Houses of Assembly Election Petition Tribunal in Kano.
According to him, this latest challenge fell flat when the Court of Appeal, Kaduna Division allowed Shamsudeen’s appeal and struck out Kanawa’s petition, handing deserved victory to Shamsudeen for the fourth time, and sealing his position as the rightful occupant of the contested seat at the National Assembly.
“The entire affair has been a rout of incontinence from a fairly defeated opponent, I am grateful to Allah who has once again granted us victory today, and in effect has placed His seal of approval on our capable honourable.
“It has been a gruelling set of weeks from the tribunal to the Court of Appeal, but in the end, justice, fairness and competence has the day, and there is cause for celebration.”