By GABRIEL GWAJIME
There has been confusion in the camp of the All Progressives Congress (APC), in the Federal Capital Territory as the Supreme Court upheld the primary election of Alhaji Murtala Karshi as the validly nominated candidate of the APC for the forthcoming the FCT council polls slated for today.
This is because the ruling, Thursday,came just two days to the area council elections.
Alhaji Karshi’s emergence as the flagbearer of the APC was voided by the Court of Appeal following an appeal lodged by Alhaji Suleiman Gwagwa, an aspirant in the APC primaries for the Abuja Municipal Area
Council.
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Alhaji Karshi and the APC were the appellants in the suit, while Alhaji Gwagwa and the Independent National Electoral Commission (INEC) were the respondents.
In a unanimous judgement of a five-member panel of the Supreme Court on Thursday, Hon. Justice Helen Ogunwumiju, who prepared the lead decision, held that the Court of Appeal was wrong to have upturned the judgement of the trial court which affirmed Alhaji Karshi’s candidacy of the APC.
The Trumpet Weekend recalls that the Court of Appeal sitting in Abuja, had on December 3, 2021, dismissed the judgement of the FCT High Court which said the Alhaji Gwagwa’s suit was statute-barred.
Hon. Justice Bababangida Hassan of the FCT High Court, had held that Alhaji Gwagwa filed his suit outside of the 14 days statutorily allowed by the Electoral Act, whenever there is a dispute in the course of an election.
The Thursday judgement, which was read by Hon. Justice Centus Nweze, the Supreme Court upheld Alhaji Karshi’s candidacy for today’s council elections in the FCT:
“The 1st appellant (Alhaji Karshi) whose name was submitted by the 2nd appellant (APC) to the 2nd respondent (INEC) for the general election of Chairman Abuja Municipal Area Council, remains the valid candidate for the election,” the apex court declared.
In addition, the Supreme Court imposed a N5 million fine on Alhaji Gwagwa in favour of Alhaji Karshi and the APC.
It will also be recalled that Alhaji Gwagwa had filed a suit at the FCT High Court, Abuja, challenging the outcome of the APC primaries for the AMAC Chairmanship candidature. However, the court dismissed the suit on the grounds that it was statute-barred.
Hon. Justice Babangida Hassan, the presiding Judge, held that Alhaji Gwagwa, who had filed his suit 16 days upon when the 3rd respondent, the Independent National Electoral Commission (INEC), received a letter dated May 25, 2021 on May 28, 2021, which substituted his name with the 1st respondent, Alhaji Murtala Karshi, failed to meet the 14 days required by law, within which to seek redress in such a matter.
By this Supreme Court pronouncement, many members of the APC do not know the AMAC chairmanship candidate has been replaced.
