Yakubu Busari
Following the fallout of the lower court judgment given in favour of the APC candidate for Plateau State governorship where Danyaro Dakon Sarpiya challenged Dr Nentawe Yilwatda and lost, the case has been appealed, as Danyaro is seeking the appeal court to set aside the decision of the Federal High Court.
In the Federal High Court of Justice of Nigeria in Jos Judicial Division Holden at the Jos Appeal No ,CA/J/2022 .
In suit No FHC/J. /C5/51/2022 between Dr Danyaro Dakon Sarpiya is challenging the All Progressives Congress, APC,Dr Nentawe Yilwatda and INEC on notice of Appeal order 7 rules 1&2 .
However, the notice of Appeal shows that the appellant being dissatisfied with the decision of the Federal High Court of Justice Holden at Jos delivered on the 3rd day of December 2022 doth hereby appeal to the court of appeal upon the grounds set out in paragraph 3 and will at the hearing of the appeal seek the reliefs set out in paragraph 4 .
And the appellant further states that the names and addresses of the persons directly affected by the appeal are those set out in paragraph 5 .
Part of the decision of the lower court complained of is that the whole decision was taken.
His grounds of appeal is that
The learned trial court erred when it held that the notice of objections filed by the respondent secede and the court lacked jurisdiction to determine the suit and the same is hereby struck out, without determining the suit on its ground of merit thereby occasioning a miscarriage of Justice.
Reliefs sought from the court of appeal:
An order allowing the appeal and setting aside the decision of the lower court.
.
The determination of the case of the appellant at the lower court and grant of the reliefs sought in pursuant to section 15 of the appeal court act.
The persons directly affected by the appeal were Dr. Danyaro Dakon Sarpiya challenging APC, Dr Nentawe Yilwatda, and INEC which was dated 16/12/2022 and filed on the same date.
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