The Court of Appeal sitting in Sokoto has dismissed an appeal filed by Senator Sahabi Ya’u Kaura and upheld the Federal High Court’s judgment nullifying the All Progressives Congress (APC) senatorial primary election for Zamfara North.
In its ruling delivered on Tuesday, the appellate court resolved the issues in favour of Dr Sani Abdullahi Shinkafi, popularly known as Wamban Shinkafi, an APC senatorial aspirant for the district, and upheld the order directing the party to conduct a fresh primary election.
Counsel to Shinkafi, Barrister Bello Galadi, disclosed this to journalists shortly after the judgment. He said the court found no merit in Kaura’s appeal and affirmed the jurisdiction of the Federal High Court in Gusau to hear the case.
“The appellate court dismissed the appeal for lack of merit. All the issues raised by the appellant were resolved against him,” Galadi said.
Court Upholds Lower Court’s Jurisdiction
Kaura had challenged the jurisdiction of the Federal High Court in Gusau to hear Shinkafi’s suit, arguing that the court lacked the power to intervene in the internal affairs of a political party.
However, the Court of Appeal rejected the argument and upheld the lower court’s authority to hear and determine the matter.
The appellate court also dismissed the claim that the trial judge had wrongly shifted the burden of proof to Kaura.
According to Galadi, the court held that sufficient evidence had been presented to establish alleged non-compliance with the APC constitution and electoral guidelines during the disputed primary.
Shinkafi’s Counsel Hails Ruling
Describing the judgment as a victory for democracy, Galadi said the ruling reaffirmed the principle that everyone was subject to the law.
“This judgment has vindicated my client’s decision to pursue the case to the end,” he said.
“It also sends a strong message to those who consider themselves above the law that the judiciary remains the last hope of the common man.”
Background To The Dispute
Shinkafi had approached the Federal High Court in Gusau shortly after the APC senatorial primary, alleging that no credible primary election had been conducted in Zamfara North and that the process was marred by irregularities.
The lower court ruled in his favour and ordered the APC to conduct a fresh primary within 14 days.
Dissatisfied with the decision, Kaura appealed to the Court of Appeal, challenging the judgment.
Following the appellate court’s dismissal of the appeal, the party is expected to organise a fresh primary to select its candidate for Zamfara North, subject to any further applicable legal or party procedures.
Shinkafi Calls For Calm
Reacting to the judgment, Shinkafi described the ruling as “a victory for democracy and the judiciary”.
He urged his supporters across Shinkafi, Birnin Magaji, Zurmi and Kaura Namoda Local Government Areas to remain calm and continue mobilising for what he described as equitable political representation for the district.
“The judiciary has once again proven that it is the hope of the common man,” he said.
“We will respect the court’s decision and work with the party to ensure a free, fair and transparent primary.”
APC stakeholders in Zamfara North are now awaiting directives from the party’s National Working Committee on the date for the fresh primary election.
