The Abuja division of the Court of Appeal, has Friday dismissed the apparel by Hon. Ibrahim Baba Hassan, seeking disqualification of Hon. Muhammad Adam Alkali over alleged certificate forgery.
The court in a unanimous judgement, led by Justice, Okon Efreti Abang, said the court said since the tribunal did not on rule on the alleged certificate forgery, the appeal court cannot give any judgement to that effect.
Hassan and his All Progressives Congress (APC), had challenged the educational qualification of Hon. Muhammad Adam Alkali, of the People’s Redemption Party (PRP), alleging he had forged his primary certificate to contest the 2023 election into Bassa/Jos North Federal Constituency.
“You don’t appeal on sentimental ground but against the judgement of the Tribunal. Where there is no decision, there cannot be an appeal,” justice Abang held.
The court ordered the Independent National Electoral Commission (INEC), to conduct rerun election within 90 days, just as it did in one of the sister case, that disqualified and nullified the election of Hon. Musa Agah, of the People’s Democratic Party.
Justice Abang held that, “To avoid this court given contradictory decision, the Independent National Electoral Commission (INEC), is ordered to conduct rerun election within 90 days.”
On the issue of the appellant reliefs wanting the court to disqualify the PDP candidate, over noncompliance with the provisions of the constitution 1999 as amended, Justice Abang, held the PDP candidate stood election as an independent candidate which is unlawful.
“The 2nd respondent (Hon. Musa Agah), having not validly sponsored, contested the election as an independent candidate, which is alien to the constitution,” the court held.
