A member of the Plateau state House of Assembly, Ibrahim Baba Hassan, has filed an appeal against the judgement of the Jos division of Federal High Court which ordered his ouster from the house.
In a separate notice of appeal and motion on notice seeking for stay of execution, filed last Thursday at the High Court, Hassan is challenging the entire judgement delivered against him by Justice Musa Kurya.
The motion on notice is seeking pursuant to order 32 rules (1) & (2), of the Federal High Court under civil rules 2009 in the inherent jurisdiction of the court an order “granting stay of execution against the judgement, delivered by Justice Musa H. Kurya, pending the determination of the Applicant’s appeal at the Court of Appeal.”
It said the judgement of the High Court acted in excess of its jurisdiction and awarded more than the reliefs claimed by the judgement creditor.
According to his counsel Solomon Umoh SAN, “it is settled law that when a ground of appeal raises an issue of jurisdiction, the Court’s are enjoined to grant a stay of execution,” referring to the case of Martins Vs. Nicanar, (1988) 2 NWLR (Pt. 74).
The Appellant said his grounds of appeal bothered on the trite law that a court cannot under any circumstance declare any person winner of an election in which such person has not fully participated in all the stages of the election, citing section 141 of the electoral and Supreme Court judgement to that effect.
“The 1st respondent was only an aspirant in the Primary elections conducted by the 2nd respondent (APC), before the 2015 General election,” he said, among other grounds.
Justice Musa Kurya, has in his judgement, pursuant to suit no. FHC/J/CS/20/2015, said the lawmaker in the Plateau State House of Assembly was, “found to have forged the Diploma certificate.”
The suit brought before Justice Kurya, by Abdul Saleh, challenged the election Hassan, on the ground that he (Hassan) has presented a fake diploma certificate to contest in the 2015 election.
