The Abuja division of the Court of Appeal, on Friday dismissed the appeal of Hon. Ibrahim Baba Hassan, seeking disqualification of Hon. Muhammad Adam Alkali, alleged of certificate forgery.
The court in a unanimous judgement, led by Justice, Okon Efreti Abang, said the court having found that the lower tribunal, had not pronouncements on the alleged certificate forgery, the appeal court cannot give any judgement to that effect.
Hon. Ibrahim Baba 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, Hon. Musa Agah.
“To avoid this court given contradictory decision, the Independent National Electoral Commission (INEC), is ordered to conduct rerun election within 90 days,” Justice Abang held.
On the issue of the appellant reliefs wanting the court to disqualify the PDP candidate, over non compliance with the provisions of the constitution 1999 as amended, Justice Abang, further held that the PDP candidate stood election as an independent candidate which is unlawful.
“…the 3rd, respondent PDP, having violately (sic), flouted exhibit P1 (an order of the high court), it cannot sponsored a candidate.
“The 2nd respondent (Hon. Musa Agah), having not validly sponsored, contested the election as an independent candidate, that is alien to the construction,” the court held.