Justice Habeeb Abiru, of the Court of Appeal Jos division, has reserved judgement in a 2015 pre-election case pending before him challenging the judgment of the Federal High Court against Hon. Ibrahim Baba Hassan.
The Court presided over by Justice Abiru, amongst two other panels of Justices, Tani Hassan and Muhammad Oniyangi, who heard the matter on Wednesday, also adopted written addresses from both parties involved in the matter.
Justice Musa Kurya, of the Jos division of Federal High Court, had on 26th February, 2019, pursuant to a suit filed by Abdul Sale, delivered judgment and disqualified Hon. Ibrahim Baba Hassan from contesting the 2015 general election, on the platform of the All Progressives Congress (APC).
However, not satisfied with the judgment, Hon. Ibrahim Baba Hassan filed an appeal in suit no. CA/J/93/2019 challenging his disqualification.
During Wednesday’s proceedings, appellant Counsel to Baba Hassan, Solomon Umoh SAN, has while adopting his grounds of appeal, reminded the Jos division of the Court of appeal of its judgment in favour of Hon. Kumo against Hon.Barambo, that bothered on statute barred, as contained in section 285 of the 1999 Constitution as amended, the 4th Alteration Act Number 21 of 2017, which came into effect on June 7, 2018.
Umoh told the Court that it was beyond contention that pre-election matter is addressed by the courts; he added that the law which came into effect in 2017 is retrogressively applicable to all pre-election matters.
“The matter (2015 pre-election), was filed beyond 14 days, far ahead of time and not only that your lordship, judgement was just entered in 2019,” he said.
He added that the respondent has also not contended that the suit was a pre-election matter.
Barrister Umoh, further submitted that the trial court under justice Musa Kurya, had only entered judgments looking at one side of the parties, distorted court processes and also ignored facts before it.
He urged the Court to allow the appeal and quashed the judgment of the trial court.
But, the respondent Counsel, David Ibeawuci, argued that the Supreme Court did not expressively mention that the section 286 should be applied retrogressively.
Barr. Ibeawuci, withdrew an earlier preliminary objection, challenging the inclusion of section 285 by the appellant.
He urged the Court to dismiss the appeal and uphold the judgment of the trial court.
Both Counsels to APC and INEC, Panmun Dafer, and Fatima Narogo, told the Court that they are not in any way opposing the grounds of appeal.