Plateau Guber: Court Of Appeal Throws Out Sarpiya Case Against Nentawe Over Lack Of Merit
Yakubu Busari
The Court of Appeal, sitting in Jos Division , Plateau State on Thursday, dismissed the appeal filed by Dr Danyaro Sarpiya on preselection matter challenging the candidate of the All Progressive Congress , APC , for lacking in merits.
The Presiding Judge, Justice Tobi threw out the prayers of the appellants seeking to upturn the victory of the All Progressives Congress, APC, primary conducted by INEC were Dr Nenetawe emerged as Candidate, that Dr Sarpiya appeal is lacking in Merit.
The Court described three penal Justice Gumel ,Tukur & Banjoko unanimous judgment which was read by justice Tobi that the suit is lacking locus standi , status bar ,an abuse of court processes and the court of appeal saw as “unmeritorious” and consequently affirming the judgment of the Justice Dorcas Agishi of the Federal High Court, Plateau.
In dismissing the appeal, the Court of Appeal held that the residency of a candidate to an election is not a qualifying or disqualifying factor but the date of filing which is the cause of action arose is more within 24 days under section 285.
The court said this appeal court lacked jurisdiction to pronounce the issue of locus standi because Dr. Danyaro Sarpiya had earlier withdrawn from the race and filed this action out of time so by section 15 of the appeal court.
Justice Tobi stated that submitted false information to the Independent National Electoral Commission, INEC as claimed by Dr Danyaro Sarpiya who volunteered to withdraw himself.
Also, the arguments that the Dr Danyaro Sarpiya approached the appellate court seeking the order of the court to set aside the judgment of the lower court and order for fresh primaries into the APC governorship seat as canvased by Danyaro Sarpiya lead counsel,Haruna Godwin were also quashed as frivolous.
Barr. P.H. Ogbole ,SAN, represented by N.K. Mali , counsel to Dr Nentawe proved beyond reasonable doubt that Danyaro Sarpiya was busy wasting the time of the court by instituting a case that was prima facie defective.
The court in its judgment agreed with the arguments of ogbole and dismissed the appeal
In resolving the Appeal, the Court held that the suit of the Appellants against the lower Court was speculative and premature and the lower court judgment was upheld and affirmed at the instance of the Preliminary Objection filed by the 1st, 2nd, and 3rd Respondents.
The judgment was delivered on behalf of three jurists who were absent and this appeal was dismissed.
